Haman v Kempton Motor Group Trust t/a Pugeot Edenvale and Others (JR2143/15) [2025] ZALCJHB 332 (30 July 2025)
Court
Labour Court Johannesburg
Case number
JR2143/15
Judge
Lennox
The Labour Court dismissed a review of an arbitration award, finding no record-based basis to fault the commissioner’s handling of representation, procedure, or the fairness findings.
Thenjwayo and Another v City of Johannesburg Metropolitan Municipality and Others (JR 2434/19) [2023] ZALCCT 57 (19 October 2023)
Court
Labour Court Cape Town
Case number
JR 2434/19
Judge
Lagrange
Labour Court review of a dismissal award partly succeeded: Remmego’s dismissal was procedurally unfair for lack of reasonable representation time, but Thenjwayo’s dismissal stood.
Primeserv Staff Working Dynamix (Pty) Ltd v Williams NO and Others (JR 2743/2022) [2023] ZALCJHB 256 (13 September 2023)
Court
Labour Court Johannesburg
Case number
JR 2743/2022
Judge
Van Niekerk
The Labour Court reviewed and set aside a rescission refusal, reinstating a default award’s rescission and ordering a rehearing of the dismissal dispute.
National Union of Metalworkers of South Africa (NUMSA) and Others v AFGRI Animal Feeds (PTY) Ltd (JA29/2021) [2022] ZALAC 99; (2022) 43 ILJ 1998 (LAC); [2022] 10 BLLR 902 (LAC) (17 June 2022)
Court
Labour Appeal Court
Case number
JA29/2021
Judges
Phatshoane, Savage, Phatudi
The Labour Appeal Court held that the Labour Court erred in finding that NUMSA lacked locus standi to represent the employees in unfair dismissal proceedings solely because the employees' industry fell outside the union's constitutional scope. The distinction between organisational rights and individual representation is critical: while a union's constitutional scope limits its ability to bargain collectively and exercise organisational rights, it does not bar the union from representing members in individual disputes such as unfair dismissal claims. The right to representation in such matter…
Adams v National Bargaining Council for the Freight and Logistics Industry and Others (CA2/2019) [2020] ZALAC 10; [2020] 9 BLLR 867 (LAC); (2020) 41 ILJ 2051 (LAC) (18 May 2020)
Court
Labour Appeal Court
Case number
CA2/2019
Judges
Davis, Sutherland, Murphy
The Labour Appeal Court held that the signature requirement on referral forms serves to prevent unauthorised referrals, but its function is satisfied where the aggrieved employee subsequently participates in the proceedings, thereby ratifying the referral. The Court found that a literalist approach to the rule is inappropriate and that the objectives of the Labour Relations Act require a pragmatic and purposive interpretation. The fact that the referral forms were signed by the attorney, rather than the employee, did not deprive the Council of jurisdiction, as the employee's conduct in partic…
Adams v National Bargaining Council for the Road Freight and Logistics Industry and Others (C 700 / 16) [2018] ZALCCT 36 (7 September 2018)
Court
Labour Court Cape Town
Case number
C 700 / 16
Judge
S Snyman
The Labour Court held that the NBCRFLI Rules clearly require referral documents for conciliation and arbitration to be signed by the party or a person entitled to represent them. In this case, the applicant's attorney was not entitled to represent the applicant in either conciliation or arbitration proceedings relating to unfair dismissal for misconduct, nor to sign the referral documents. The defect in the referral was not cured by subsequent participation in conciliation or the issuance of a certificate of failure to settle. The third respondent properly raised the jurisdictional objection…
MacDonald's Transport Upington (Pty) Ltd v Association of Mineworkers and Construction Union (AMCU) and Others (JA10/2016) [2016] ZALAC 32; (2016) 37 (ILJ) 2593 (LAC); [2017] 2 BLLR 105 (LAC) (28 June 2016)
Court
Labour Appeal Court
Case number
JA10/2016
Judges
Tlaletsi, Ndlovu, Sutherland
The Labour Appeal Court held that, on a proper interpretation of the AMCU constitution, membership is acquired upon submission and acceptance of the application form, and is not conditional on actual payment of subscription fees. The provisions regarding lapse of membership due to arrears are triggered only after a stop order facility is activated and non-payment occurs thereafter. The employer's delay in facilitating stop order deductions cannot be used to undermine union membership. The right to representation in unfair dismissal proceedings before the Bargaining Council is primarily the ri…
Association of Mineworkers and Construction Union and Others v National Bargaining Council for the Road Freight and Logistics Industry and Others (J2217/15) [2015] ZALCJHB 407 (18 November 2015)
Court
Labour Court Johannesburg
Case number
J2217/15
Judge
Rabkin-Naicker
The court found that the arbitrator failed to properly interpret the AMCU constitution. The definition of 'member' in the constitution includes any person who has completed the application for membership, regardless of whether subscription payments have commenced. The method for paying subscriptions is by stop order facility, which could not be implemented due to the employer's refusal to grant organisational rights. Therefore, the individual applicants could not be in arrears until deductions commenced. The arbitrator's ruling was incorrect and reviewable, and AMCU was entitled to represent…
Friends Bakery CC v Commission for Conciliation Mediation And Arbitration and Others (JR1637/10) [2014] ZALCJHB 369 (30 September 2014)
Court
Labour Court Johannesburg
Case number
JR1637/10
Judge
Tlhotlhalemaje
Labour Court review dismissed: the commissioner’s finding of procedural unfairness stood, but compensation reasons were flawed; Rule 11 dismissal refused.
S v Machobane and Another (A3004.13) [2014] ZAGPPHC 1062 (2 May 2014)
Court
North Gauteng High Court, Pretoria
Case number
A3004/13
Judge
C Basson
The High Court held that an attorney from the same firm as a lawyer who previously acted for the complainant could continue representing the accused, absent proven conflict.
