South Africa Case Law

Ntengu v Department of Correctional Service and Others (PR54/22)

Ntengu v Department of Correctional Service and Others (PR54/22) [2024] ZALCPE 46; (2025) 46 ILJ 1257 (LC) (20 November 2024)

Court

Labour Court Port Elizabeth

Case number

PR54/22

Judge

MZN Lallie

Labour Court reviewed and set aside a rescission ruling after finding the commissioner unreasonably dismissed the applicant’s default explanation and should have granted rescission.

• Unfair Labour Practice
• Rescission Of Arbitration Award
• Gross Irregularity
• Postponement Rules
• Family Responsibility Leave
• Rescission-of-arbitration-award

Primeinvest 1069 t/a Foresters Arms v N.M and Others (C05/2023)

Primeinvest 1069 t/a Foresters Arms v N.M and Others (C05/2023) [2024] ZALCCT 28 (12 July 2024)

Court

Labour Court Cape Town

Case number

C05/2023

Judge

Lourens Ackermann

The Commissioner’s rescission ruling was reviewable because he failed to consider the merits of the employer’s defence and focused solely on the reasons for non-attendance at arbitration. The employer was not in wilful default, having requested a postponement and not yet retained legal representation. The documentation before the Commissioner established a bona fide defence, including evidence that the employee had not been dismissed but had absconded. The Commissioner’s failure to consider these factors amounted to a reviewable irregularity. Given that all relevant evidence was available to…

Source excerpt

• Rescission Of Arbitration Award
• Unfair Dismissal
• Wilful Default
• Prospects Of Success
• Good Cause
• Ccma Jurisdiction

Clink v Kleinot and Others (C1192/2018)

Clink v Kleinot and Others (C1192/2018) [2023] ZALCCT 59 (25 October 2023)

Court

Labour Court Cape Town

Case number

C1192/2018

Judge

Rabkin-Naicker

The Labour Court dismissed an application to review condonation and rescission rulings, and refused condonation for a late replying affidavit, finding no acceptable explanation for delay.

• Condonation
• Rescission Of Arbitration Award
• Unfair Dismissal
• Late Filing
• Review Of Arbitration
• Practice Manual Compliance

City of Tshwane Metropolitan Municipal v South African Local Government Bargaining Council and Others (JR536/20)

City of Tshwane Metropolitan Municipal v South African Local Government Bargaining Council and Others (JR536/20) [2023] ZALCJHB 294 (13 October 2023)

Court

Labour Court Johannesburg

Case number

JR536/20

Judge

L Dave

The court found that the commissioner erred by focusing solely on the applicant's failure to communicate its attorney's illness and disregarding the applicant's prospects of success. The applicant provided a reasonable and bona fide explanation for its absence, supported by medical evidence and affidavits. The commissioner failed to apply the bipartite test for rescission, which requires consideration of both the explanation for default and the merits of the applicant's defence. The applicant had not abandoned its defence and had demonstrated a serious intention to proceed. The commissioner's…

Source excerpt

• Rescission Of Arbitration Award
• Good Cause
• Unfair Dismissal
• Review Of Arbitration Ruling

Melomed Hospital Holdings (Pty) Ltd v Denosa obo Fourie and Others (C589/2020)

Melomed Hospital Holdings (Pty) Ltd v Denosa obo Fourie and Others (C589/2020) [2023] ZALCCT 31 (21 June 2023)

Court

Labour Court Cape Town

Case number

C589/2020

Judge

Leslie

The commissioner erred by considering only the explanation for default and failing to assess the applicant's prospects of success in the unfair dismissal dispute. The applicant provided a reasonable explanation for its absence, supported by evidence of mis-diarisation and prompt follow-up with the CCMA. Furthermore, the applicant set out a prima facie defence to the claim, including intended witness testimony. The failure to consider these factors constituted a material misdirection, rendering the rescission ruling reviewable and susceptible to substitution. The review application was deliver…

Source excerpt

• Rescission Of Arbitration Award
• Good Cause Requirement
• Unfair Dismissal
• Review Of Ccma Decision

Mohube v Commission for Conciliation, Mediation and Arbitration and Others (JA18/2022)

Mohube v Commission for Conciliation, Mediation and Arbitration and Others (JA18/2022) [2023] ZALCJHB 171 (18 May 2023)

Court

Labour Court Johannesburg

Case number

JA 18/2022

Judges

Waglay JP, Coppin JA, Gqamana AJA

The Labour Appeal Court found that the appellant provided an unassailable explanation for his absence at the arbitration hearing, as the CCMA failed to send the set down notice to his designated primary email address. There was no evidence of wilful default, and the appellant acted promptly upon learning of the dismissal ruling. The commissioner erred in finding the explanation unreasonable and in assuming that a professionally conducted disciplinary hearing precluded prospects of success. The appellant demonstrated a bona fide claim and reasonable explanation for default. The Labour Court's…

Source excerpt

• Rescission Of Arbitration Award
• Unfair Dismissal
• Good Cause Requirement
• Default Judgment
• Review Of Ccma Rulings

Mohube v Commission for Conciliation Mediation and Arbitration and Others (JA18/2022)

Mohube v Commission for Conciliation Mediation and Arbitration and Others (JA18/2022) [2023] ZALAC 9; [2023] 8 BLLR 733 (LAC); (2023) 44 ILJ 1683 (LAC) (18 May 2023)

Court

Labour Appeal Court

Case number

JA18/2022

Judges

Waglay, Coppin, Gqamana

The Labour Appeal Court found that the appellant provided an unassailable explanation for his absence at the arbitration hearing, as the CCMA failed to send the set down notice to his designated primary email address. There was no evidence of wilful default, and the appellant acted promptly upon learning of the dismissal ruling. The commissioner erred in finding the explanation unreasonable and in assuming that a professionally conducted disciplinary hearing negated the appellant's prospects of success. The appellant had a bona fide claim, and the commissioner failed to properly engage with t…

Source excerpt

• Rescission Of Arbitration Award
• Unfair Dismissal
• Good Cause Requirement
• Default Judgment
• Review Of Ccma Rulings

Rustenburg Local Municipality v South African Local Government Bargaining Council and Others (JR750/18)

Rustenburg Local Municipality v South African Local Government Bargaining Council and Others (JR750/18) [2021] ZALCJHB 265 (25 August 2021)

Court

Labour Court Johannesburg

Case number

JR750/18

Judge

M Sass

The Labour Court struck a review application off the roll after finding it was served and filed late and no condonation application was before the court.

• Condonation For Late Filing
• Jurisdiction Of Labour Court
• Rescission Of Arbitration Award
• Review Application Procedure
• Costs In Labour Disputes
• Condonation-for-late-filing

Vaal Engineering (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (JR 2664/16)

Vaal Engineering (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (JR 2664/16) [2020] ZALCJHB 160 (18 August 2020)

Court

Labour Court Johannesburg

Case number

JR 2664/16

Judge

Van Niekerk

The court found that the applicant's undisputed averment that it did not receive the notice of set down was sufficient to establish that the default arbitration award was erroneously granted. The fourth respondent erred in refusing rescission, as the absence of actual notice to the applicant meant that the award was made in its absence without proper service. The court held that, in such circumstances, rescission must be granted, and there was no need to remit the matter for reconsideration. The court substituted the rescission ruling with an order rescinding the arbitration award issued by d…

Source excerpt

• Rescission Of Arbitration Award
• Default Judgment
• Service Of Process
• Unfair Dismissal

Association of Mineworkers and Construction Union (AMCU) v Bargaining Council for the Civil and Engineering Industry (BCCEI) and Others (JR 796/18)

Association of Mineworkers and Construction Union (AMCU) v Bargaining Council for the Civil and Engineering Industry (BCCEI) and Others (JR 796/18) [2020] ZALCJHB 139 (12 August 2020)

Court

Labour Court Johannesburg

Case number

JR 796/18

Judge

Tlhotlhalemaje

Labour Court review of a rescission refusal was dismissed after finding AMCU gave a weak default explanation and no factual basis for prospects of success.

• Rescission Of Arbitration Award
• Good Cause Requirement
• Wilful Default
• Unfair Dismissal
• Condonation
• Review Of Arbitration Award