South Africa Case Law

Penbro Kelnick (Pty) Ltd v Commission for Conciliation Mediation and Arbitration and Others (JR2118/2021)

Penbro Kelnick (Pty) Ltd v Commission for Conciliation Mediation and Arbitration and Others (JR2118/2021) [2024] ZALCJHB 163; [2024] 7 BLLR 759 (LC) (10 April 2024)

Court

Labour Court Johannesburg

Case number

JR2118/2021

Judge

Tlhotlhalemaje

The Labour Court found that the Commissioner’s decision to reinstate Mr Ramphabana was reasonable and fell within the permissible band of decisions. The evidence established that the employer’s initial response to the mask infraction was a final written warning, consistent with its approach to similar offences. The subsequent dismissal, motivated by dissatisfaction with Ramphabana’s explanation and managerial outrage, was not a fair or proportionate operational response. The Commissioner correctly found that the employer failed to prove dishonesty and that the sanction of dismissal was excess…

Source excerpt

• Unfair Dismissal
• Covid 19 Workplace Safety
• Dishonesty In Employment
• Disciplinary Procedure
• Representation At Arbitration

Elias Motsoaledi Local Municipality v South African Local Government Bargaining Council and Others (JR2776/2019)

Elias Motsoaledi Local Municipality v South African Local Government Bargaining Council and Others (JR2776/2019) [2021] ZALCJHB 237 (16 August 2021)

Court

Labour Court Johannesburg

Case number

JR2776/2019

Judge

Redding

The Labour Court refused condonation for a late review of an arbitration award, finding the delay substantial, the explanation inadequate, and the prospects weak.

• Condonation For Late Filing
• Arbitration Award Review
• Representation At Arbitration
• Postponement Of Hearing
• Labour-law
• Condonation

Taole v Impala Platinum Ltd and Others (JR 822/15)

Taole v Impala Platinum Ltd and Others (JR 822/15) [2021] ZALCJHB 222 (10 August 2021)

Court

Labour Court Johannesburg

Case number

JR 822/15

Judge

Mthombeni

Leave to appeal was dismissed in a Labour Court matter because the application was late, defective under Rule 9, and barred by peremption.

• Leave To Appeal
• Condonation
• Peremption
• Representation At Arbitration
• Arbitration Award
• Leave-to-appeal

Matutu v Bargaining for the Meat and Trade (Gauteng) and Others (JR499/2017)

Matutu v Bargaining for the Meat and Trade (Gauteng) and Others (JR499/2017) [2020] ZALCJHB 11 (29 January 2020)

Court

Labour Court Johannesburg

Case number

JR499/2017

Judge

S.B. Mgaga

The Labour Court refused condonation for a late review of an unfair dismissal ruling, finding a ten-month delay was excessive and inadequately explained.

• Condonation For Late Filing
• Review Of Arbitration Ruling
• Unfair Dismissal
• Representation At Arbitration
• Section 145 Lra
• Section 158 Lra

Pack n Stack v Khawula N.O and Others (DA05/15)

Pack n Stack v Khawula N.O and Others (DA05/15) [2016] ZALAC 31; (2016) 37 ILJ 2807 (LAC) (28 June 2016)

Court

Labour Appeal Court

Case number

DA05/15

Judges

CJ Musi, Ndlovu, Sutherland

The Labour Appeal Court found that the commissioner failed to properly consider the bona fide explanation for the employer's absence and the presence of its witnesses, which indicated the defence was not abandoned. The employer was not in wilful default, as it had made arrangements for representation and attendance at the arbitration. The commissioner erred by not addressing the employer's defence and prospects of success in the rescission application. The Labour Court's reasons for dismissing the review were unconvincing, and the omission of critical issues in the commissioner's reasoning re…

Source excerpt

• Rescission Of Award
• Wilful Default
• Representation At Arbitration
• Good Cause Requirement
• Unfair Dismissal

Magijima v Commission for Conciliation, Mediation and Arbitration and Others (P543/13)

Magijima v Commission for Conciliation, Mediation and Arbitration and Others (P543/13) [2014] ZALCPE 16 (27 June 2014)

Court

Labour Court Port Elizabeth

Case number

P543/13

Judge

Lallie

The court found that the applicant failed to establish any reviewable error by the commissioner. The commissioner was entitled to allow the applicant's advocate to represent him without an instructing attorney, as the CCMA Rules and the LRA do not prohibit such representation. The commissioner was not obliged to play an inquisitorial role since the applicant was legally represented. The commissioner reasonably assessed the evidence, including the applicant's failure to put his version to the third respondent's witnesses, and provided reasons for his findings. The commissioner considered the a…

Source excerpt

• Dismissal For Misconduct
• Gross Insubordination
• Review Of Arbitration Award
• Progressive Discipline
• Representation At Arbitration

CSIR v Matsila and Others (JS15/2013)

CSIR v Matsila and Others (JS15/2013) [2014] ZALAC 16 (27 March 2014)

Court

Labour Appeal Court

Case number

JA15/2013

Judges

Davis, Ndlovu, Sutherland

The Labour Appeal Court dismissed CSIR’s appeal against a default CCMA award, finding no reviewable irregularity, sufficient evidence, and inadequate rescission grounds.

• Unfair Dismissal
• Default Award
• Rescission Application
• Representation At Arbitration
• Procedural Fairness
• Labour-law

Netshisumbewa v Africa Glass and Others (JR594/05)

Netshisumbewa v Africa Glass and Others (JR594/05) [2007] ZALCJHB 57 (25 May 2007)

Court

Labour Court Johannesburg

Case number

JR594/05

Judge

Moshoana

Labour Court review of an arbitration award dismissed. The court found no basis to interfere on record, representation, compensation, credibility, or parity grounds.

• Review Of Arbitration Award
• Procedural Fairness
• Compensation Award
• Representation At Arbitration
• Parity Principle
• Labour-law

National Union of Mineworkers and Another v Commission for Conciliation Mediation and Arbitration and Others (JR370/04)

National Union of Mineworkers and Another v Commission for Conciliation Mediation and Arbitration and Others (JR370/04) [2007] ZALC 158 (1 March 2007)

Court

Labour Court

Case number

JR370/04

Judge

M M Leeuw

The Labour Court dismissed a review of CCMA arbitration and rescission rulings, finding no basis to rescind the default ruling and no reason to interfere.

• Review Of Arbitration Award
• Rescission Application
• Default Award
• Representation At Arbitration
• Section 144 Lra
• Section 145 Lra

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