South Africa Case Law

National Regulator for Compulsory Specifications v Cornelius and Others (JR2789/18)

National Regulator for Compulsory Specifications v Cornelius and Others (JR2789/18) [2025] ZALCJHB 191 (10 April 2025)

Court

Labour Court Johannesburg

Case number

JR2789/18

Judge

Kirstein

The Labour Court found that the arbitrator failed to ensure a fair process by not requiring oral evidence or a properly formulated stated case, despite identifying evidentiary gaps and procedural concerns. The arbitrator's reliance solely on a common bundle of documents, without oral testimony or clarity on disputed facts, resulted in a material irregularity and a misconception of the nature of the enquiry. The arbitrator's determination regarding legal professional privilege and the admissibility of the note was made without sufficient evidence, and the procedural approach adopted rendered t…

Source excerpt

• Review Of Arbitration Award
• Legal Professional Privilege
• Admissibility Of Evidence
• Procedural Fairness
• Remittal For Fresh Arbitration

Bodibe v Public Service Co-ordinating Bargaining Council and Others (JR490/15)

Bodibe v Public Service Co-ordinating Bargaining Council and Others (JR490/15) [2018] ZALCJHB 124 (23 March 2018)

Court

Labour Court Johannesburg

Case number

JR490/15

Judge

Mahosi

The Labour Court set aside a PSCBC arbitration award after finding the commissioner’s jurisdictional ruling was objectively wrong and remitted the dispute for fresh arbitration.

• Jurisdiction Of Bargaining Council
• Collective Agreement Interpretation
• Employment Relationship
• Review Of Arbitration Award
• Disciplinary Procedure
• Remittal For Fresh Arbitration

Maart v CCMA and Others (C673/2016)

Maart v CCMA and Others (C673/2016) [2017] ZALCCT 49 (3 August 2017)

Court

Labour Court Cape Town

Case number

C673/2016

Judge

Steenkamp

The Labour Court reviewed and set aside a CCMA arbitration award, remitted the unfair dismissal dispute for fresh arbitration, and ordered the applicant to pay costs.

• Unfair Dismissal
• Review Of Arbitration Award
• Costs Award
• Remittal For Fresh Arbitration
• Unfair-dismissal
• Ccma-review

Sceptre Fishing (Pty) Ltd v Swanepoel and Others (C351/2016)

Sceptre Fishing (Pty) Ltd v Swanepoel and Others (C351/2016) [2017] ZALCCT 22 (30 May 2017)

Court

Labour Court Cape Town

Case number

C351/2016

Judge

A Steenkamp

The court found that the arbitrator committed a reviewable irregularity by failing to admit the affidavit of Hercules Roelofse or to stand the matter down for his oral evidence, despite acknowledging its crucial nature. This failure prevented a fair determination of the dispute, especially as neither party was legally represented. Following the precedent in Matsekoleng v Shoprite Checkers, the court held that the irregularity rendered the award reviewable and liable to be set aside. The merits of the unfair labour practice dispute could not be properly adjudicated without Roelofse’s evidence,…

Source excerpt

• Unfair Labour Practice
• Bonus Dispute
• Admissibility Of Evidence
• Remittal For Fresh Arbitration

Ravat v CCMA and Others (C628/15)

Ravat v CCMA and Others (C628/15) [2017] ZALCCT 23 (30 May 2017)

Court

Labour Court Cape Town

Case number

C628/15

Judge

A Steenkamp

The Labour Court found that the record of the arbitration proceedings was defective and that attempts to reconstruct it were unsuccessful. In accordance with the majority judgment in Baloyi v MEC for Health & Social Development, Limpopo, the Court held that it would be improper to determine the review in the absence of a proper record. The matter was therefore remitted to the CCMA for a fresh arbitration before a different commissioner. The Court further held that neither the employer nor the employee should bear the costs of the application, as the defective record was not attributable to ei…

Source excerpt

• Unfair Dismissal
• Unfair Labour Practice
• Review Of Arbitration Award
• Defective Record
• Remittal For Fresh Arbitration

Steve Tshwete Local Municipality v South African Government Bargaining Council and Others (JR346/12)

Steve Tshwete Local Municipality v South African Government Bargaining Council and Others (JR346/12) [2015] ZALCJHB 52 (24 February 2015)

Court

Labour Court Johannesburg

Case number

JR346/12

Judge

Steenkamp

The Labour Court reviewed and set aside an arbitration award where the commissioner gave no reasons for finding that an employee had been dismissed.

• Unfair Dismissal
• Review Of Arbitration Award
• Failure To Provide Reasons
• Jurisdictional Ruling
• Remittal For Fresh Arbitration
• Labour-law

Bitou Municipality v South African Local Government Bargaining Council and Others (C1019/2012)

Bitou Municipality v South African Local Government Bargaining Council and Others (C1019/2012) [2014] ZALCCT 66 (24 October 2014)

Court

Labour Court Cape Town

Case number

C1019/2012

Judge

Lallie

Labour Court review of a municipal dismissal award. Condonation was granted, and the arbitration award was set aside for failure to properly assess the evidence.

• Review Of Arbitration Award
• Condonation
• Procedural Fairness
• Substantive Fairness
• Municipal Manager Dismissal
• Remittal For Fresh Arbitration

Shoprite Checkers (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (P414/11)

Shoprite Checkers (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (P414/11) [2014] ZALCPE 18 (30 July 2014)

Court

Labour Court Port Elizabeth

Case number

P414/11

Judge

Lallie

The Labour Court reviewed and set aside a CCMA award reinstating two employees dismissed for consuming company food, finding the commissioner ignored key evidence.

• Unfair Dismissal
• Review Of Arbitration Award
• Misconduct
• Remittal For Fresh Arbitration
• Review-of-arbitration-award
• Unfair-dismissal

TRS Southern African Tours CC v Parvess (C779/01)

TRS Southern African Tours CC v Parvess (C779/01) [2001] ZALC 218 (29 November 2001)

Court

Labour Court

Case number

C779/01

Judge

Landman AA

The Labour Court reviewed a CCMA award after finding that refusing employer representation by an employers’ association was a gross irregularity.

• Representation At Arbitration
• Gross Irregularity
• Remittal For Fresh Arbitration
• Labour-law
• Ccma-arbitration
• Representation-at-arbitration