South Africa Case Law

FAWU obo Zulu and Others v Grobler N.O (D26/2021)

FAWU obo Zulu and Others v Grobler N.O (D26/2021) [2025] ZALCD 16 (4 April 2025)

Court

Labour Court Durban

Case number

D26/2021

Judge

K Allen-Yaman

The court found that the delay in delivering the record was significant but largely attributable to failures by the second respondent and miscommunications among FAWU officials, not the employees. The employees demonstrated active interest in pursuing the review, and their prospects of success were compelling, given the arbitrator's reliance on unsworn statements and failure to consider relevant defences and evidence of inconsistent discipline. The interests of justice required reinstatement of the review application and condonation for the late delivery of the record and institution of the r…

Source excerpt

• Condonation For Late Review
• Reinstatement Of Review Application
• Protected Strike Dismissal
• Arbitration Award Review
• Procedural Fairness
• Inconsistency In Discipline

Logtrans Plant and Truck Hire Civils v CCMA (D225/22)

Logtrans Plant and Truck Hire Civils v CCMA (D225/22) [2024] ZALCD 12 (28 February 2024)

Court

Labour Court Durban

Case number

D225/22

Judge

B Whitcher

The court found that, after considering the reasons for the late filing, the conduct of all relevant parties, and the timing of the 60-day period, it would not be just to deny the applicant the opportunity to proceed with its review application. The court condoned the late filing and reinstated the review application.

Source excerpt

• Practice Manual Labour Court
• Condonation Of Late Filing
• Reinstatement Of Review Application

Hospersa obo Blandile v Department of Health-Western Cape and Others (D816/2015)

Hospersa obo Blandile v Department of Health-Western Cape and Others (D816/2015) [2024] ZALCD 3 (18 January 2024)

Court

Labour Court Durban

Case number

D816/2015

Judge

Allen-Yaman

The Labour Court dismissed HOSPERSA’s bid to reinstate a lapsed review, finding the lengthy delays unexplained and not in the interests of justice.

• Condonation
• Reinstatement Of Review Application
• Practice Manual Compliance
• Imputation Of Attorney Negligence
• Prospects Of Success
• Disciplinary Dismissal

Ndlela v Department of Correctional Services: In Re: Department of Correctional Services v Ndlela and Others (JR2853/17)

Ndlela v Department of Correctional Services: In Re: Department of Correctional Services v Ndlela and Others (JR2853/17) [2022] ZALCJHB 133 (9 June 2022)

Court

Labour Court Johannesburg

Case number

JR2853/17

Judge

Nkutha-Nkontwana

The Labour Court does not have jurisdiction to entertain a Rule 11 application to dismiss a review application that has lapsed by operation of the Practice Manual's deeming provisions. The default order granted in the absence of opposition must be rescinded because the review application was already deemed withdrawn and thus not properly before the Court. The Department of Correctional Services provided a reasonable explanation for the delay, primarily attributable to the dysfunctional State Attorney's office, and acted promptly once aware of the default order. The applicant demonstrated good…

Source excerpt

• Practice Manual Deeming Provision
• Rescission Of Default Order
• Reinstatement Of Review Application
• Condonation
• Costs Order

South African Police Services and Another v Kgolane and Others (JR119/16)

South African Police Services and Another v Kgolane and Others (JR119/16) [2021] ZALCJHB 197 (2 August 2021)

Court

Labour Court Johannesburg

Case number

JR119/16

Judge

T Nsibanyoni

The Labour Court granted condonation, reinstated a late review, set aside an arbitration award, and remitted the dismissal dispute for a fresh hearing.

• Unfair Dismissal
• Condonation
• Review Of Arbitration Award
• Reinstatement Of Review Application
• Labour-court-review
• Review-of-arbitration-award

Maharaj v Education Labour Relations Council and Others (D1718/18)

Maharaj v Education Labour Relations Council and Others (D1718/18) [2021] ZALCD 6 (8 July 2021)

Court

Labour Court Durban

Case number

D1718/18

Judge

MG Maeso

The Labour Court reinstated a review application and condoned a 23-day late filing of the record, finding the delay reasonably explained and unopposed.

• Condonation Of Late Filing
• Review Of Arbitration Award
• Practice Manual Rule 7a6
• Reinstatement Of Review Application
• Condonation-of-late-filing
• Reinstatement-of-review-application

Emfuleni Local Municipality v SAMWU obo Mokoena and Others; In re: Emfuleni Local Municipality v South African Local Government Bargaining Council (SALGBC) and Others (J2961/16)

Emfuleni Local Municipality v SAMWU obo Mokoena and Others; In re: Emfuleni Local Municipality v South African Local Government Bargaining Council (SALGBC) and Others (J2961/16) [2017] ZALCJHB 143 (3 May 2017)

Court

Labour Court Johannesburg

Case number

J2961/16

Judge

Lagrange

The Labour Court stayed enforcement of arbitration awards against Emfuleni Local Municipality, accepted council-resolution security under municipal finance law, and reinstated the review.

• Unfair Labour Practice
• Security For Costs
• Review Of Arbitration Award
• Municipal Finance Management
• Reinstatement Of Review Application
• Labour-law