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South Africa decisions
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Makhunga and Another v SALGBC (JR430/11) [2018] ZALCJHB 209 (21 June 2018)
The Labour Court dismissed a review of an arbitration award, finding the applicants failed to prove their representative had locus standi under the SALGBC rules.
CCD Couriers (Pty) Ltd v Matona and Others (J1072/14) [2014] ZALCJHB 222 (20 May 2014)
The court held that the applicant had not established exceptional circumstances justifying intervention in the incomplete arbitration proceedings. The Labour Appeal Court has confirmed that employees may be represented by fellow employees in arbitration, and the relevant rules do not prohibit such representation in jointly referred disputes. Routine intervention in arbitration would undermine the informal and expeditious nature of labour dispute resolution. The applicant's review application had little prospect of success, and there was no manifestly unlawful act by the arbitrator. Accordingl…
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Netshisumbewa v Africa Glass and Others (JR594/05) [2007] ZALC 171 (25 May 2007)
The court found that the record of arbitration proceedings was furnished and available, defeating the applicant's first ground for review. The argument regarding improper representation failed as no objection was raised during arbitration and the prior ruling only applied to another individual. The Commissioner was not required to provide detailed reasons for the compensation award, and the discretion exercised was not shown to be irregular. The findings of fact and credibility assessments were supported by the evidence, and the applicant's challenge amounted to an appeal on the merits, which…
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Vac Air Technology (Pty) Ltd v Metal & Engineering Industries Bargaining Council and Others (JR2605/05) [2006] ZALC 55; [2006] 11 BLLR 1125 (LC); (2006) 27 ILJ 1733 (LC) (21 April 2006)
The Labour Court granted condonation for a late review and set aside an arbitration award after finding the applicant had been represented by a labour consultant without locus standi.
Secunda Supermarket CC trading as Secunda Spar and Another v Dreyer N.O and Others (J1029/98) [1998] ZALC 47 (7 July 1998)
The court found that section 138(4) of the Labour Relations Act does not require an employers' organisation to be registered for its official to represent a party in arbitration proceedings. The commissioner committed a procedural irregularity by refusing Mr Louw the right of audience solely on the basis of lack of registration. Further, the commissioner erred by making findings regarding employees who were not present at the hearing, relying on argument rather than evidence, which is insufficient to discharge the onus for constructive dismissal. The refusal to allow legal representation was…
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