South Africa Case Law

NUM obo Mpete and Others v Matyolo and Another (JR 755/2019)

NUM obo Mpete and Others v Matyolo and Another (JR 755/2019) [2023] ZALCJHB 62 (14 March 2023)

Court

Labour Court Johannesburg

Case number

JR 755/2019

Judge

Prinsloo

The court held that the review of a private arbitration award is strictly confined to the grounds set out in section 33(1) of the Arbitration Act: misconduct, gross irregularity, or improper procurement. The arbitrator acted within the powers conferred by the arbitration agreement, which expressly mandated him to determine whether the individual applicants participated in an unprotected strike and whether their dismissals were fair. The applicant's allegations of misconduct amounted to complaints about the merits of the arbitrator's findings, not about the process or conduct as required for r…

Source excerpt

• Private Arbitration Review
• Arbitration Act Section 33
• Unfair Dismissal
• Condonation
• Representation In Labour Court

Electrocomp (Pty) Limited v Novak (J5027/99)

Electrocomp (Pty) Limited v Novak (J5027/99) [2001] ZALC 105; [2001] 10 BLLR 1118 (LC); (2001) 22 ILJ 2015 (LC) (16 July 2001)

Court

Labour Court

Case number

J5027/99

Judge

B M Jammy

The Labour Court refused to rescind a default judgment and a prior condonation order, finding the employer’s own procedural confusion caused the absence.

• Rescission Of Judgment
• Default Judgment
• Condonation
• Representation In Labour Court
• Rescission-of-judgment
• Default-judgment

Zibi v Smile Educational System (Pty) Ltd (J303/98)

Zibi v Smile Educational System (Pty) Ltd (J303/98) [1998] ZALC 29 (15 June 1998)

Court

Labour Court

Case number

J303/98

Judge

A A Landman

The court found that CTL Management Forum failed to establish itself as a bona fide employers' organisation as defined by the Labour Relations Act. The certificate of registration and invoices produced were insufficient to prove its status or the respondent's membership. The invoices did not identify any recipient, and the organisation's description as a division of another employer suggested it was a commercial arm rather than an association of employers. The affidavit filed by the Forum was not in accordance with the court's rules. Consequently, CTL Management Forum was not entitled to appe…

Source excerpt

• Representation In Labour Court
• Employers Organisation Membership
• Labour Relations Act Procedure