South Africa Case Law

Filter & Hose Solutions a Division of Hudaco Trading (Pty) Ltd) v Commission for Conciliation, Mediation and Arbitration and Others (JR182/22)

Filter & Hose Solutions a Division of Hudaco Trading (Pty) Ltd) v Commission for Conciliation, Mediation and Arbitration and Others (JR182/22) [2024] ZALCJHB 452 (18 November 2024)

Court

Labour Court Johannesburg

Case number

JR182/22

Judge

F.I Baloyi

The Labour Court condoned a late answering affidavit, but reviewed and set aside a CCMA award after finding hearsay evidence had been improperly handled.

• Unfair Dismissal
• Condonation
• Admissibility Of Hearsay Evidence
• Remittal For De Novo Hearing
• Labour-law
• Unfair-dismissal

Mabule v Commission for Conciliation, Mediation and Arbitration and Others (JR1615/21)

Mabule v Commission for Conciliation, Mediation and Arbitration and Others (JR1615/21) [2024] ZALCJHB 365; [2024] 12 BLLR 1294 (LC) (13 September 2024)

Court

Labour Court Johannesburg

Case number

JR1615/21

Judge

S Maluleke

The Labour Court set aside an arbitration award after finding the commissioner failed to properly consider admitting hearsay evidence from an internal disciplinary transcript.

• Admission Of Hearsay Evidence
• Review Of Arbitration Award
• Substantive Fairness Of Dismissal
• Remittal For De Novo Hearing
• Labour-law
• Ccma-review

Kasirye Imaging (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (JR914/19)

Kasirye Imaging (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (JR914/19) [2024] ZALCJHB 194 (23 April 2024)

Court

Labour Court Johannesburg

Case number

JR 914/19

Judge

M Naidoo

The court found that the third respondent failed to diligently pursue his opposition to the review application, having taken no meaningful steps for nearly four years after the removal application before Patel AJ. The court held that the issues raised by the third respondent regarding service of documents had already been addressed by Patel AJ, and it was open to the third respondent to apply to vary that order if necessary, which he did not do. The court further found that the arbitrator's refusal to accept the applicant's bundle of documents at arbitration, solely because it was not indexed…

Source excerpt

• Review Of Arbitration Award
• Service Of Documents
• Diligent Prosecution
• Remittal For De Novo Hearing

Eskom Holdings SOC Limited v Commission for Conciliation, Mediation and Arbitration and Others (JR 1912/2018)

Eskom Holdings SOC Limited v Commission for Conciliation, Mediation and Arbitration and Others (JR 1912/2018) [2022] ZALCJHB 335 (22 November 2022)

Court

Labour Court Johannesburg

Case number

JR 1912/2018

Judge

Prinsloo

The Labour Court granted condonation, reinstated a late review, set aside a CCMA award, and remitted the dispute for a fresh hearing because the record was incomplete.

• Review Of Arbitration Award
• Condonation For Late Filing
• Incomplete Record
• Remittal For De Novo Hearing
• Labour-law
• Review-of-arbitration-award

Hlongwane and Another v National Health and Allied Workers Union and Others (JR 1207/20)

Hlongwane and Another v National Health and Allied Workers Union and Others (JR 1207/20) [2022] ZALCJHB 155 (15 June 2022)

Court

Labour Court Johannesburg

Case number

JR 1207/20

Judge

Prinsloo

Leave to appeal was dismissed because the First Respondent failed to show reasonable prospects of success or any legitimate dispute of law or fact.

• Leave To Appeal
• Review Of Arbitration Award
• Unfair Dismissal
• Remittal For De Novo Hearing
• Leave-to-appeal
• Labour-court

MEC for Health (North West Province) v South African Medical Association and Another (JA42/2020)

MEC for Health (North West Province) v South African Medical Association and Another (JA42/2020) [2021] ZALAC 38; [2022] 1 BLLR 60 (LAC); (2022) 43 ILJ 134 (LAC) (18 October 2021)

Court

Labour Appeal Court

Case number

JA 42/2020

Judges

Waglay JP, Coppin JA, Kubushi AJA

The Labour Appeal Court held that an employee’s unauthorised absence triggered deemed dismissal under section 17 of the Public Service Act and remitted the review.

• Public Service Act Section 17
• Annual Leave Authorisation
• Jurisdictional Facts
• Review Of Administrative Action
• Condonation
• Remittal For De Novo Hearing

SAMA obo Mangwane v Public Health and Social Development Sectoral Bargaining Council and Others (JR140/16)

SAMA obo Mangwane v Public Health and Social Development Sectoral Bargaining Council and Others (JR140/16) [2021] ZALCJHB 319 (30 September 2021)

Court

Labour Court Johannesburg

Case number

JR140/16

Judge

Nkutha-Nkontwana

The court found that the arbitrator misconstrued the nature of the enquiry by failing to require a stated case or oral evidence in the presence of clear disputes of fact regarding the interpretation and application of Resolution 3 of 2009. The arbitrator's acceptance of the respondent's submissions without a proper factual foundation deprived the parties of a fair hearing and resulted in a reviewable irregularity. Consequently, the arbitration award was vitiated and must be set aside. The matter is to be remitted to the Bargaining Council for a de novo hearing before a different arbitrator.

Source excerpt

• Collective Agreement Interpretation
• Review Of Arbitration Award
• Dispute Of Fact
• Fair Hearing
• Remittal For De Novo Hearing

Irene Country Club v Commissioner for Conciliation, Mediation and Arbitration and Others (JR 07/2020)

Irene Country Club v Commissioner for Conciliation, Mediation and Arbitration and Others (JR 07/2020) [2021] ZALCJHB 209 (26 July 2021)

Court

Labour Court Johannesburg

Case number

JR 07/2020

Judge

N Cassim

The court found that the commissioner failed to engage with the real issue and disregarded substantial material evidence presented by the applicant. The reasoning of the commissioner reflected bias, and the probabilities supported a finding of theft caused by fraudulent conduct. Given these procedural irregularities, the court held that the arbitration award must be reviewed and set aside. The matter was remitted to the CCMA for a de novo hearing before a different commissioner to ensure procedural fairness. The court declined to substitute its own findings due to the absence of the fourth re…

Source excerpt

• Review Of Arbitration Award
• Remittal For De Novo Hearing
• Procedural Fairness
• Commissioner Bias

Mogale City Local Municipality v IMATU obo Moreki and Others (JR1611/16)

Mogale City Local Municipality v IMATU obo Moreki and Others (JR1611/16) [2020] ZALCJHB 12 (29 January 2020)

Court

Labour Court Johannesburg

Case number

JR1611/16

Judge

C Mogane

The court found that the missing portions of the arbitration record were material to the determination of the review application. The applicant took all reasonable steps to reconstruct the record, but was thwarted by circumstances beyond its control, including the unavailability and eventual departure of the commissioner. The respondent's criticisms regarding the applicant's diligence were unfounded, as the applicant consistently attempted to facilitate reconstruction and kept the respondent informed. The inability to reconstruct the record was not due to the applicant's fault. In such circum…

Source excerpt

• Review Of Arbitration Award
• Dismissal For Lack Of Prosecution
• Remittal For De Novo Hearing
• Reconstruction Of Record
• Section 158 Application

Taku v Sekhanisa and Others (JR1242/2016)

Taku v Sekhanisa and Others (JR1242/2016) [2019] ZALCJHB 13; [2019] 6 BLLR 588 (LC) (22 January 2019)

Court

Labour Court Johannesburg

Case number

JR1242/2016

Judge

Prinsloo

The Labour Court reviewed and set aside a CCMA award after finding the arbitrator wrongly relied on hearsay evidence in a dismissal dispute.

• Unfair Dismissal
• Admission Of Hearsay Evidence
• Review Of Arbitration Award
• Procedural Fairness
• Remittal For De Novo Hearing
• Unfair-dismissal