South Africa Case Law

Pexmart CC v Commission for Conciliation, Mediation and Arbitration and Others (2025/013668; 2025/013679)

Pexmart CC v Commission for Conciliation, Mediation and Arbitration and Others (2025/013668; 2025/013679) [2025] ZALCJHB 67 (13 February 2025)

Court

Labour Court Johannesburg

Case number

2025/013668; 2025/013679

Judge

M Makhura

The Labour Court struck urgent applications to stay enforcement of arbitration awards pending review, finding the urgency was self-created and costs should follow no order.

• Security For Review
• Urgent Application
• Stay Of Enforcement
• Reinstatement Award
• Self Created Urgency
• Urgent-application

Africabin Building Systems (Pty) Ltd v Mogaladi and Others (J822/24)

Africabin Building Systems (Pty) Ltd v Mogaladi and Others (J822/24) [2024] ZALCJHB 345; (2024) 45 ILJ 2727 (LC) (6 September 2024)

Court

Labour Court Johannesburg

Case number

J822/24

Judge

M Makhura

Labour Court held an employer seeking review of a reinstatement award had to furnish security under section 145(7) and (8) of the LRA, and ordered R408,000 security.

• Security For Review
• Stay Of Enforcement
• Reinstatement Award
• Section 145 Lra
• Exemption From Security
• Security-for-review

Matlala v G4S Cash Solutions (Pty) Ltd (Application for Leave to Appeal) (JS165/2016)

Matlala v G4S Cash Solutions (Pty) Ltd (Application for Leave to Appeal) (JS165/2016) [2024] ZALCJHB 313 (20 June 2024)

Court

Labour Court Johannesburg

Case number

JS165/2016

Judge

Norton

The Labour Court granted leave to appeal on whether a contractual claim for backpay under section 77(3) of the BCEA was available, or whether contempt proceedings were required.

• Contractual Claim For Backpay
• Section 77 3 Bcea
• Reinstatement Award
• Contempt Of Court
• Leave To Appeal
• Arbitration Award Enforcement

Mavundla v Gotcha Security Services (Pty) Ltd (J871/21)

Mavundla v Gotcha Security Services (Pty) Ltd (J871/21) [2023] ZALCJHB 279 (20 October 2023)

Court

Labour Court Johannesburg

Case number

J871/21

Judge

Nkutha-Nkontwana

The Labour Court dismissed leave to appeal, finding no reasonable prospects of success in a salary claim linked to a reinstatement award.

• Leave To Appeal
• Reinstatement Award
• Motion Proceedings
• Prospects Of Success
• Costs Order
• Leave-to-appeal

Rustenburg Local Municipality v South African Local Government Bargaining Council and Others (J779/2017)

Rustenburg Local Municipality v South African Local Government Bargaining Council and Others (J779/2017) [2017] ZALCJHB 261; (2017) 38 ILJ 2596 (LC); [2017] 11 BLLR 1161 (LC) (30 June 2017)

Court

Labour Court Johannesburg

Case number

J779/2017

Judge

S Snyman

The Labour Court held that the applicant municipality is not exempt from providing security under section 145(7) and (8) of the Labour Relations Act (LRA) simply because it is subject to the Municipal Finance Management Act (MFMA). The MFMA does not override the LRA in employment matters, and all employers, including municipalities, are subject to the same security requirements when seeking suspension of arbitration awards pending review. The applicant failed to make out a proper case for exemption from the security requirement, as reliance on statutory budgeting constraints and the Free Stat…

Source excerpt

• Arbitration Award Suspension
• Security Pending Review
• Municipal Finance Management Act
• Review Application
• Reinstatement Award

Coca-Cola SABCO (Pty) Limited v Van Wyk (JA11/2013)

Coca-Cola SABCO (Pty) Limited v Van Wyk (JA11/2013) [2015] ZALAC 114 (5 May 2015)

Court

Labour Appeal Court

Case number

JA11/2013

Judges

Musi JA, Murphy AJJA, Kathree-Setiloane AJJA

A reinstatement award does not entitle an employee to remuneration for the period between the date of the award and its implementation. The Labour Relations Act does not provide for such relief. Any claim for remuneration for that period is contractual and must be adjudicated separately. The employer only becomes a judgment debtor for such amounts after the contractual claim has been judicially resolved. The Labour Court erred in allowing quantification and enforcement of such a claim by affidavit before the registrar, as this would negate the employer's right to defend and improperly extend…

Source excerpt

• Reinstatement Award
• Writ Of Execution
• Contractual Claim For Remuneration
• Back Pay
• Unfair Dismissal

Coca Cola Sabco (Pty) Limited v Van Wyk (JA11/2013)

Coca Cola Sabco (Pty) Limited v Van Wyk (JA11/2013) [2015] ZALAC 15; [2015] 8 BLLR 774 (LAC); (2015) 36 ILJ 2013 (LAC) (5 May 2015)

Court

Labour Appeal Court

Case number

JA11/2013

Judges

Musi JA, Murphy, Kathree-Setiloane AJJA

A reinstatement award under the Labour Relations Act revives the contract of employment from the date specified in the award, but does not entitle the employee to remuneration for the period between the date of the award and its actual implementation unless the employee tenders services and pursues a separate contractual claim. The Labour Court erred in holding that such remuneration could be claimed by way of a writ of execution accompanied by affidavit before the registrar. The correct procedure is for the employee to institute a contractual claim, setting out the basis for entitlement and…

Source excerpt

• Reinstatement Award
• Writ Of Execution
• Contractual Claim For Remuneration
• Unfair Dismissal