South Africa Case Law

Media Information and Technologies Sector Education and Training Authority (MICTSETA) v Weedon and Others (JR718/16)

Media Information and Technologies Sector Education and Training Authority (MICTSETA) v Weedon and Others (JR718/16) [2018] ZALCJHB 79 (6 February 2018)

Court

Labour Court Johannesburg

Case number

JR718/16

Judge

GN Moshoana

The Labour Court dismissed a review of a CCMA award, holding that the applicant was not entitled to a specific employee representative and suffered no material prejudice.

• Unfair Dismissal
• Arbitration Review
• Representation At Ccma
• Gross Irregularity
• Reasonableness Of Award
• Ccma-review

Pack 'n Stack v Mdletshe (DA05/15)

Pack 'n Stack v Mdletshe (DA05/15) [2016] ZALAC 91 (28 June 2016)

Court

Labour Appeal Court

Case number

DA05/15

Judges

Ndlovu, CJ Musi, Sutherland

The Labour Appeal Court held that the employer was not in wilful default and had shown good cause for rescission of a CCMA award.

• Rescission Of Award
• Wilful Default
• Representation At Ccma
• Good Cause Requirement
• Unfair Dismissal
• Labour-law

National Union of Mineworkers and Another v Commission for Conciliation, Mediation And Arbitration and Others (JR 1520/11)

National Union of Mineworkers and Another v Commission for Conciliation, Mediation And Arbitration and Others (JR 1520/11) [2015] ZALCJHB 233 (4 August 2015)

Court

Labour Court Johannesburg

Case number

JR 1520/11

Judge

Tlhotlhalemaje

The Labour Court reviewed and set aside a CCMA ruling after finding the commissioner misapplied Rule 25 on representation, and remitted the matter for a fresh hearing.

• Representation At Ccma
• Locus Standi
• Review Of Arbitration Award
• Ccma Rules
• Unfair Dismissal
• Ccma-rules

Pack N Stack (Pty) Ltd v Khawula NO and Others (D573/11)

Pack N Stack (Pty) Ltd v Khawula NO and Others (D573/11) [2014] ZALCD 52 (7 October 2014)

Court

Labour Court Durban

Case number

D573/11

Judge

Naidoo

The applicant failed to provide a reasonable and bona fide explanation for its default in the arbitration proceedings. The explanations offered were lacking in detail and omitted material facts necessary to justify the absence. The applicant was aware of the hearing date, did not challenge the correctness of the ruling on representation, and made no application for postponement. The presence of a labour consultant and the preparation of documentation indicated awareness of the procedural requirements, undermining the argument of ignorance. The first respondent properly considered the material…

Source excerpt

• Rescission Of Award
• Representation At Ccma
• Good Cause Test
• Default Judgment
• Arbitration Procedure

Lowveld Allied and General Employers Organization ("LAGEO") v Minister of Labour and Others (J 2431/09)

Lowveld Allied and General Employers Organization ("LAGEO") v Minister of Labour and Others (J 2431/09) [2010] ZALC 156; (2011) 32 ILJ 330 (LC) (22 October 2010)

Court

Labour Court

Case number

J 2431/09

Judge

AC Basson

The Labour Court dismissed an urgent bid to suspend deregistration of an employers’ organisation pending appeal, finding no prima facie right or irreparable harm.

• Deregistration Of Employers Organisation
• Interim Interdict
• Audi Alteram Partem
• Suspension Of Administrative Action
• Labour Relations Act
• Representation At Ccma

Lowveld Allied And General Employers Organization (LAGEO) v Minister of Labour and Others (J2431/09)

Lowveld Allied And General Employers Organization (LAGEO) v Minister of Labour and Others (J2431/09) [2010] ZALCJHB 339 (22 October 2010)

Court

Labour Court Johannesburg

Case number

J2431/09

Judge

AC Basson

The Labour Court dismissed LAGEO’s urgent bid to suspend its deregistration pending appeal, finding no prima facie right, irreparable harm, or balance of convenience.

• Deregistration Of Employers Organisation
• Interim Interdict
• Audi Alteram Partem
• Suspension Of Administrative Action
• Labour Relations Act
• Representation At Ccma

S A Cleaning Services Ltd v Steel Mining and Commercial Workers Union and Others (J 1433/97)

S A Cleaning Services Ltd v Steel Mining and Commercial Workers Union and Others (J 1433/97) [2000] ZALC 36 (25 May 2000)

Court

Labour Court

Case number

J 1433/97

Judge

R Lyster

The court found that the CCMA commissioner committed a gross irregularity by accepting disputed evidence from the employee's representative without permitting the applicant to cross-examine the employee. The commissioner based his award on procedural unfairness without ensuring that the evidence was properly tested under oath. The court accepted the applicant's version that the employee did not testify under oath and that no opportunity for cross-examination was provided. This failure undermined the fairness of the proceedings and rendered the award reviewable. Consequently, the award was set…

Source excerpt

• Review Of Arbitration Award
• Procedural Fairness
• Cross Examination Rights
• Representation At Ccma

Mafuyeka v Commisssion for Conciliation, Mediation and Arbitration and Others (J504/99)

Mafuyeka v Commisssion for Conciliation, Mediation and Arbitration and Others (J504/99) [1999] ZALC 95 (11 June 1999)

Court

Labour Court

Case number

J504/99

Judge

G J Marcus

The Labour Court has inherent jurisdiction, derived from section 151 of the Labour Relations Act and Rule 11, to regulate its own procedures and grant interlocutory relief where the rules are silent. The applicant made a prima facie case that the appointment of Bunce as director may have been a stratagem to evade statutory restrictions on representation. The documents sought are relevant to the review proceedings and their production will not cause undue inconvenience. The repeated refusal by Bunce and the company to provide the requested information justifies the exercise of the court's inhe…

Source excerpt

• Representation At Ccma
• Inherent Jurisdiction
• Review Proceedings
• Interlocutory Relief