South Africa Case Law

Morudu and Others v Commission for Conciliation, Mediation and Arbitration and Others (JR1735/2021)

Morudu and Others v Commission for Conciliation, Mediation and Arbitration and Others (JR1735/2021) [2024] ZALCJHB 522 (25 October 2024)

Court

Labour Court Johannesburg

Case number

JR1735/2021

Judge

Adams

The Labour Court granted condonation, set aside a CCMA jurisdictional ruling, and remitted the dispute because the commissioner failed to hear the applicants’ evidence on employee status.

• Jurisdiction Of Ccma
• Employee Vs Independent Contractor
• Condonation For Late Filing
• Gross Irregularity
• Remittal For Rehearing
• Ccma-jurisdiction

Minerals Operations Executive (Pty) Ltd t/a Minopex v Commission for Conciliation Mediation and Arbitration and Others (JR759/21)

Minerals Operations Executive (Pty) Ltd t/a Minopex v Commission for Conciliation Mediation and Arbitration and Others (JR759/21) [2024] ZALCJHB 352 (4 September 2024)

Court

Labour Court Johannesburg

Case number

JR 759/21

Judge

Beckenstrater

The Labour Court reviewed and set aside a CCMA award after finding the commissioner wrongly rejected key witness evidence and made an unreasonable credibility finding.

• Unfair Dismissal
• Review Of Arbitration Award
• Credibility Assessment
• Evidentiary Burden
• Remittal For Rehearing
• Unfair-dismissal

NEHAWU obo Palweni v Department of Co Operative Governance Human Settlements and Traditional Affairs and Others (C218/2021)

NEHAWU obo Palweni v Department of Co Operative Governance Human Settlements and Traditional Affairs and Others (C218/2021) [2024] ZALCCT 6 (8 February 2024)

Court

Labour Court Cape Town

Case number

C218/2021

Judge

Rabkin-Naicker

The Labour Court set aside an arbitration award after finding the commissioner displayed bias, used inappropriate comments, and failed to fairly consider medical evidence.

• Review Of Arbitration Award
• Reasonable Apprehension Of Bias
• Procedural Fairness
• Substantive Fairness
• Medical Incapacity
• Remittal For Rehearing

Muravha v Minister of Police (179/2022)

Muravha v Minister of Police (179/2022) [2024] ZASCA 11; 2024 (4) SA 84 (SCA) (30 January 2024)

Court

Supreme Court of Appeal

Case number

179/2022

Judges

Mocumie, Carelse, Hughes, Goosen, Tokota

The Supreme Court of Appeal held that the absence of the trial record rendered it impossible for the full court to properly adjudicate the appeal, particularly where factual findings and credibility assessments were disputed. The attempts to reconstruct the record were inadequate, and both parties failed in their duty to preserve or reconstruct the record. The full court erred in assuming that the facts were not in dispute and in deciding the appeal without the record. The appellant was denied his constitutional right to a fair trial and appeal. Consequently, the only just remedy was to remit…

Source excerpt

• Lost Trial Record
• Reconstruction Of Record
• Fair Trial Right
• Misdirection On Facts
• Remittal For Rehearing

Aveng Moolmans (PTY) Limited , a division of Aveng Africa (PTY) Limited v National Union of Metalworkers of South Africa obo Mahlangu and Another (JR 2200/2020)

Aveng Moolmans (PTY) Limited , a division of Aveng Africa (PTY) Limited v National Union of Metalworkers of South Africa obo Mahlangu and Another (JR 2200/2020) [2022] ZALCJHB 352 (6 December 2022)

Court

Labour Court Johannesburg

Case number

JR 2200/2020

Judge

Van Niekerk

The court found that the arbitrator failed to resolve key factual disputes regarding the grace period for timekeeping and ignored one of the two acts of misconduct for which the employee was dismissed. These failures constituted reviewable irregularities. The arbitrator's reasoning was unclear and did not properly address the cumulative effect of the misconduct. The award was not reasonable in light of the evidence, and the arbitrator's misdirections could not be cured by reference to the record. Accordingly, the arbitration award was reviewed and set aside, and the matter was remitted for a…

Source excerpt

• Unfair Dismissal
• Review Of Arbitration Award
• Fraudulent Timekeeping
• Misconduct
• Remittal For Rehearing

Sanlam Life Insurance v Rheeder and Others (C459/2020)

Sanlam Life Insurance v Rheeder and Others (C459/2020) [2022] ZALCCT 12 (12 September 2022)

Court

Labour Court Cape Town

Case number

C459/2020

Judge

Rabkin-Naicker

Labour Court review of a CCMA award set aside for material irregularities, irrational credibility findings, and misconceived enquiry, with remittal for rehearing.

• Review Of Arbitration Award
• Unfair Dismissal
• Procedural Irregularity
• Substantive Fairness
• Credibility Assessment
• Remittal For Rehearing

Central Air Solutions (Pty) Ltd v Shupping and Others (C705/2019)

Central Air Solutions (Pty) Ltd v Shupping and Others (C705/2019) [2021] ZALCCT 77 (19 October 2021)

Court

Labour Court Cape Town

Case number

C705/2019

Judge

Rabkin-Naicker

The Court found that the Commissioner committed gross irregularities by awarding compensation in excess of what was requested and by failing to require the employee to testify orally. These procedural defects prevented a fair trial of the issues and rendered the award unreasonable. As the record could not assist the Court in substituting the award, the only appropriate remedy was to review and set aside the award and remit the dispute for rehearing before a different Commissioner.

Source excerpt

• Review Of Arbitration Award
• Gross Irregularity
• Unfair Dismissal
• Remittal For Rehearing

Arcelormittal South Africa Limited v Thomas and Others (C1260/2018)

Arcelormittal South Africa Limited v Thomas and Others (C1260/2018) [2021] ZALCCT 44 (21 June 2021)

Court

Labour Court Cape Town

Case number

C1260/2018

Judge

Rabkin-Naicker

The arbitrator committed a gross irregularity by making an award in the absence of any evidence from the first respondent, and by misconstruing the legal requirements for default awards and the onus of proof. The arbitrator's refusal to refer the contempt matter to the Labour Court was within her discretion, but the failure to require evidence before making a substantive finding rendered the award reviewable. The award was set aside and the dispute remitted for rehearing before a different commissioner.

Source excerpt

• Review Of Arbitration Award
• Gross Irregularity
• Onus Of Proof
• Sexual Harassment
• Remittal For Rehearing

MEC for Health, Northern Cape Province v HOSPERA obo Harvey and Others (C472/19)

MEC for Health, Northern Cape Province v HOSPERA obo Harvey and Others (C472/19) [2020] ZALCCT 34 (26 October 2020)

Court

Labour Court Cape Town

Case number

C472/19

Judge

H Rabkin-Naicker

The Labour Court reviewed and set aside an arbitration award, finding jurisdictional and procedural defects and remitting the dispute for rehearing before a different arbitrator.

• Review Of Arbitration Award
• Jurisdiction Of Bargaining Council
• Condonation For Late Filing
• Unilateral Change Of Terms
• Remittal For Rehearing
• Review-of-arbitration-award

National Union of Metal Workers of South Africa and Others v South African Road Passenger Bargaining Council and Others; Mbusi v South African Road Passenger Bargaining Council and Others (C352; C329)

National Union of Metal Workers of South Africa and Others v South African Road Passenger Bargaining Council and Others; Mbusi v South African Road Passenger Bargaining Council and Others (C352; C329) [2019] ZALCCT 22 (14 August 2019)

Court

Labour Court Cape Town

Case number

C352; C329

Judge

Rabkin-Naicker

The Labour Court reviewed and set aside an arbitration award after finding the record inadequate, and remitted the dismissal dispute for rehearing before a different arbitrator.

• Review Of Arbitration Award
• Condonation Application
• Dismissal For Refusal To Work
• Adequacy Of Record
• Remittal For Rehearing
• Labour-law