South Africa Case Law

Raubenheimer v Commission For Conciliation Mediation and Arbitration and Others (J424/24)

Raubenheimer v Commission For Conciliation Mediation and Arbitration and Others (J424/24) [2024] ZALCJHB 340 (21 August 2024)

Court

Labour Court Johannesburg

Case number

J424/24

Judge

Ford

The court held that a reinstatement application to revive a withdrawn review does not suspend the enforcement of a certified arbitration award under the LRA. Only the posting of security or a properly prosecuted stay application can suspend enforcement. The respondents failed to provide any justifiable reason for non-compliance with the award, and their reliance on the pending reinstatement application was not recognized by the LRA as a valid basis to oppose contempt proceedings. The applicant proved the existence of the order and the respondents' knowledge thereof. In the absence of bona fid…

Source excerpt

• Contempt Of Court
• Enforcement Of Arbitration Award
• Stay Of Enforcement
• Reinstatement Application
• Review Proceedings
• Remedies For Non Compliance

Chikane v General Public Service Sector Bargaining Council and Others (JR2753/19)

Chikane v General Public Service Sector Bargaining Council and Others (JR2753/19) [2024] ZALCJHB 189 (8 May 2024)

Court

Labour Court Johannesburg

Case number

JR2753/19

Judge

R Daniels

Review application struck from the roll after non-compliance with the Labour Court Practice Manual and no reinstatement application, leaving the court without jurisdiction.

• Practice Manual Compliance
• Review Of Arbitration Award
• Jurisdiction
• Reinstatement Application
• Practice-manual-compliance
• Labour-court-review

Companies and Intellectual Property Commission v Commission Mavuma N.O. and Others (JR2617/22)

Companies and Intellectual Property Commission v Commission Mavuma N.O. and Others (JR2617/22) [2024] ZALCJHB 195 (23 April 2024)

Court

Labour Court Johannesburg

Case number

JR2617/22

Judge

M Naidoo

The Labour Court held that the review application had lapsed under clause 11.2.7 of the Practice Manual and could not be revived by condonation alone.

• Practice Manual Clauses
• Condonation
• Review Application Lapse
• Reinstatement Application
• Labour-law
• Practice-manual

Pudi v Tshwane University of Technology (JS 801/17)

Pudi v Tshwane University of Technology (JS 801/17) [2022] ZALCJHB 211 (10 August 2022)

Court

Labour Court Johannesburg

Case number

JS 801/17

Judge

Mahosi

The Labour Court dismissed an application for leave to appeal against refusal to reinstate a withdrawn matter, finding no reasonable prospects of success.

• Leave To Appeal
• Reinstatement Application
• Condonation
• Withdrawal Of Proceedings
• Leave-to-appeal
• Labour-court

Pudi v Tshwane University of Technology (JR 801/17)

Pudi v Tshwane University of Technology (JR 801/17) [2022] ZALCJHB 160 (3 June 2022)

Court

Labour Court Johannesburg

Case number

JR 801/17

Judge

Mahosi

The court found that the applicant's delay of 23 months in bringing the reinstatement application was excessive and inadequately explained, as the sole reason provided was difficulty in securing legal representation, which is insufficient. The applicant failed to provide a comprehensive explanation for the entire period of delay, including a four-month gap with his current attorneys. The court held that, in line with established principles, condonation is not granted for the mere asking and requires a judicious exercise of discretion considering the length and explanation of the delay, prospe…

Source excerpt

• Withdrawal Of Proceedings
• Reinstatement Application
• Condonation
• Breach Of Employment Contract
• Reasonable Expectation Of Renewal

Bacela v MEC, Responsible for Education, Eastern Cape and Others (P113/10)

Bacela v MEC, Responsible for Education, Eastern Cape and Others (P113/10) [2021] ZALCPE 1 (30 April 2021)

Court

Labour Court Port Elizabeth

Case number

P113/10

Judge

Lallie

The Labour Court dismissed an application for leave to appeal, finding no reasonable prospects of success. Late filing of submissions was condoned.

• Condonation
• Leave To Appeal
• Reinstatement Application
• Review Of Arbitration Award
• Leave-to-appeal
• Reinstatement-application