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South Africa decisions
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Mphahlele v Commission for Conciliation, Mediation and Arbitration and Others (JR811/15) [2025] ZALCJHB 272 (24 June 2025)
The Labour Court held that the review had lapsed for failure to prosecute and file the record, dismissed the remittal application, and ordered costs.
Inxuba Yethemba Municipality v Msweli Others (Application for Leave to Appeal) (PR198/21) [2025] ZALCPE 10 (30 May 2025)
The Labour Court dismissed an application for leave to appeal, holding that the review grounds lacked merit and the arbitrator’s reinstatement award was unsustainable.
Transnet Freight Rail v Mashaba (DA17/2023) [2024] ZALAC 58; (2025) 46 ILJ 1139 (LAC) (18 November 2024)
The Labour Appeal Court held that the direction issued under clause 11.2.4 of the Practice Manual did not constitute a court order setting aside the arbitrator's award. The direction merely required the appellant to indicate whether it objected to remittal for a de novo hearing, but no formal order was made to set aside the award or remit the matter. As a result, the arbitrator's ruling remained extant, and there was no legal basis for reviving the first respondent's contract of employment or awarding arrear salary. The Labour Court erred in treating the direction as dispositive of the review…
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Phakoago v SANCA Witbank Alochol and Drug Help Centre and Others (JA60/23) [2024] ZALAC 44; [2024] 12 BLLR 1271 (LAC) (18 September 2024)
The Labour Appeal Court upheld an appeal against remittal to the CCMA, holding that an unchallenged new employment contract made rehearing futile.
Kekae and Others v Department of Transport, Limpopo and Others (JR2608/19) [2021] ZALCJHB 418 (15 October 2021)
The court found that the arbitrator failed to discharge his duties by not hearing oral evidence on the material factual dispute regarding the applicants' duties and their qualification for translation under the OSD. The arbitrator's reliance on DPSA documents was misplaced, as DPSA is not empowered to interpret collective agreements. The failure to conduct the proceedings fairly and to allow the parties to address the material point in dispute constituted a gross irregularity, rendering the award a nullity and susceptible to review and being set aside.
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POPCRU obo Cindi v GPSSBC and Others (JR1512/15) [2021] ZALCJHB 134; [2021] 10 BLLR 1059 (LC) (2 June 2021)
The Labour Court held that it is inappropriate to remit an unfair dismissal dispute for rehearing solely due to a missing arbitration record without first reviewing and setting aside the impugned award. The practice manual provides a procedure for missing records, which must be followed rather than invoking rule 11. Consent between parties does not override the requirement to apply the constitutional standard of review. The power to remit a matter arises only after the award is set aside, as otherwise two conflicting administrative decisions may result, violating the functus officio principle…
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Parmalat SA (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (PR 78 /2016) [2018] ZALCPE 34 (23 November 2018)
The Labour Court reviewed and set aside an award finding a dismissal unfair, holding the arbitrator misconceived the enquiry and remitting the dispute for rehearing.
Mayisela v Commission for Conciliation Mediation And Arbitration and Others (C967/2014) [2015] ZALCCT 55 (5 August 2015)
The Labour Court set aside a CCMA arbitration award because the commissioner failed to summarise and analyse the evidence, and remitted the dispute for rehearing.
Khara Hais Municipality v IMATU obo Wellen and Others (C690/15) [2015] ZALCCT 54 (5 August 2015)
The Labour Court reviewed and set aside an arbitration award over the disbanding of a municipal law enforcement unit and employee transfers, remitting the dispute for rehearing.
Eskom Holdings Soc Limited v Khum MK Investments & Bie Joint Venture (Pty) Ltd and Others (18627/2014) [2015] ZAGPJHC 98; [2015] 3 All SA 439 (GJ) (4 June 2015)
High Court review of an arbitration award dismissed. Eskom failed to show misconduct or gross irregularity, and was held estopped from denying the company as contracting party.
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