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South Africa Case Law

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Labour Law [2025] ZALCJHB 110

Fraser Alexander (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (JR710/21)

Fraser Alexander (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (JR710/21) [2025] ZALCJHB 110 (14 March 2025)

Court
Labour Court Johannesburg
Case number
JR710/21
Judge
Adams

The court found that the commissioner committed misconduct and a gross irregularity by permitting the third respondent’s legal representative to be present during the conciliation phase, contrary to the peremptory provisions of section 135(4) of the Labour Relations Act and Rule 25(1)(a) of the CCMA Rules. Furthermore, the commissioner failed to exercise his discretion judicially when allowing legal representation for the third respondent during arbitration without a formal application or proper consideration of the Rule 25 criteria. Critically, the applicant, represented by a layperson, was…

Source excerpt

  • Legal Representation In Ccma
  • Procedural Fairness
  • Gross Irregularity
  • Misconduct By Commissioner
  • Arbitration Review
  • Remittal For De Novo Arbitration
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Labour Law [2017] ZALCPE 8

Gauteng Department of Education v Cawe and Others (JR1973/12)

Gauteng Department of Education v Cawe and Others (JR1973/12) [2017] ZALCPE 8 (16 May 2017)

Court
Labour Court Port Elizabeth
Case number
JR1973/12
Judge
Lallie

The court found that the arbitrator misconceived the nature of the dispute by undertaking the enquiry in the wrong manner. Instead of conducting a hearing de novo as required by section 138 of the Labour Relations Act, the arbitrator reviewed the disciplinary chairperson's decision as if it were an administrative action. The arbitrator's reliance on principles applicable to administrative reviews and her attacks on the disciplinary process demonstrated a fundamental error. The Constitutional Court has held that disciplinary decisions by the State as employer do not constitute administrative a…

Source excerpt

  • Arbitration Review
  • Gross Irregularity
  • Substantive Fairness
  • Procedural Fairness
  • Employment Of Educators Act
  • Remittal For De Novo Arbitration
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Labour Law [2015] ZALCJHB 315

Labournet Central (Pty) Ltd v Jansen Van Vuuren NO and Others (JR1312/11)

Labournet Central (Pty) Ltd v Jansen Van Vuuren NO and Others (JR1312/11) [2015] ZALCJHB 315 (15 September 2015)

Court
Labour Court Johannesburg
Case number
JR1312/11
Judge
Voyi

The court found that the commissioner committed misconduct by failing to conduct the arbitration proceedings impartially and by depriving the applicant of a fair hearing. The transcript revealed repeated instances of unwarranted interference, aggressive cross-examination, and remarks that sustained a reasonable apprehension of bias. The commissioner’s conduct overstepped the boundaries of fair procedure and justified the applicant’s apprehension of bias. This defect contaminated the entire proceedings and the quality of the evidence presented. The court held that such misconduct is sufficient…

Source excerpt

  • Unfair Dismissal
  • Reasonable Apprehension Of Bias
  • Arbitration Review
  • Misconduct By Commissioner
  • Remittal For De Novo Arbitration
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Labour Law [2013] ZALCJHB 161

Nkabinde v Commission for Conciliation Mediation and Arbitration and Others (J1812/12)

Nkabinde v Commission for Conciliation Mediation and Arbitration and Others (J1812/12) [2013] ZALCJHB 161 (30 July 2013)

Court
Labour Court Johannesburg
Case number
J1812/12
Judge
Mthombeni

The court held that the determination of whether an incomplete arbitration record justifies remittal for re-arbitration or a stay of review proceedings is a matter for the reviewing court seized with the merits of the review application. The present application, seeking a declaratory order and permanent stay, was premature and not appropriate for decision at this stage. The court found that previous decisions support the principle that remittal is not automatic and must be decided by the court hearing the review. Accordingly, the application was dismissed, and costs were awarded against the a…

Source excerpt

  • Incomplete Arbitration Record
  • Stay Of Review Proceedings
  • Remittal For De Novo Arbitration
  • Fair Hearing Rights
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.