South Africa Case Law

Tarman Group Holdings (Pty) Ltd v Commission for Conciliation Mediation and Arbitration and Others (JR926/24)

Tarman Group Holdings (Pty) Ltd v Commission for Conciliation Mediation and Arbitration and Others (JR926/24) [2025] ZALCJHB 160 (24 April 2025)

Court

Labour Court Johannesburg

Case number

JR926/24

Judge

VG Mkwibiso

The Commissioner’s refusal to rescind the arbitration award was unreasonable. The employer had filed a valid objection to the con/arb process, and the arbitration proceeded in its absence due to the Commissioner’s lack of awareness of the objection. Section 144(a) of the Labour Relations Act permits rescission where an award is made erroneously in the absence of a party, and the Commissioner accepted the employer’s explanation for default. The Commissioner’s focus on the procedural wording of the dismissal letter was misplaced, as the substantive issue was the admitted misconduct and the empl…

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• Unfair Dismissal
• Rescission Of Award
• Con Arb Objection
• Review Of Ccma Decision

Empact Group (Pty) Ltd v Moni N.O and Others (JR1899/2020)

Empact Group (Pty) Ltd v Moni N.O and Others (JR1899/2020) [2025] ZALCJHB 76 (24 February 2025)

Court

Labour Court Johannesburg

Case number

JR1899/2020

Judge

R Itzkin

The Labour Court dismissed Empact Group’s leave to appeal application, finding no reasonable prospects of success and rejecting the challenge based on CCMA email service.

• Rescission Of Award
• Service Of Process
• Ccma Rules
• Leave To Appeal
• Review Of Arbitration
• Leave-to-appeal

Orical Environmental Services (Pty) Ltd v Maimane N.O (JR2190/23)

Orical Environmental Services (Pty) Ltd v Maimane N.O (JR2190/23) [2024] ZALCJHB 392 (4 October 2024)

Court

Labour Court Johannesburg

Case number

JR 2190/23

Judge

P Naidoo

The commissioner failed to apply his mind to all relevant factors in the rescission application, considering only the explanation for default and disregarding the applicant's prospects of success in defending the unfair dismissal claim. This constitutes a material misdirection. The Labour Court, having access to the full record, found that the applicant demonstrated both an intention to defend the dispute and a bona fide defence. No reasonable decision maker would have refused rescission in these circumstances. The rescission ruling is therefore reviewed and set aside, and substituted with an…

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• Rescission Of Award
• Default Judgment
• Unfair Dismissal
• Good Cause
• Review Under Section 158
• Prospects Of Success

MTN (Proprietary) Limited v Commission for Conciliation, Mediation and Arbitration and Others (JR 1758/2021)

MTN (Proprietary) Limited v Commission for Conciliation, Mediation and Arbitration and Others (JR 1758/2021) [2024] ZALCJHB 548 (9 September 2024)

Court

Labour Court Johannesburg

Case number

JR 1758/2021

Judge

Mokose AJ

The court found that the commissioner exercised his discretion judicially in refusing the postponement request, considering the applicant's resources and the absence of a plausible explanation for non-attendance. The applicant failed to provide confirmatory affidavits supporting its claims of illness, and the sick note alone did not entitle it to a postponement. The commissioner correctly considered the history of postponements and the need for expeditious resolution. On rescission, the applicant did not demonstrate that its default was not wilful or that it had reasonable prospects of succes…

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• Constructive Dismissal
• Review Of Arbitration Award
• Condonation
• Postponement Of Arbitration
• Rescission Of Award

Larneys Metal Trading (Pty) Ltd v Diphoko and Others (JR583/23)

Larneys Metal Trading (Pty) Ltd v Diphoko and Others (JR583/23) [2024] ZALCJHB 220 (22 May 2024)

Court

Labour Court Johannesburg

Case number

JR583/23

Judge

T Gandidze

The court found that the applicant was properly notified of the CCMA hearing via SMS and failed to provide a reasonable explanation for its absence. The applicant did not request additional time to attend or arrange witnesses, nor did it set out substantive grounds for defending the unfair dismissal claim. The explanation that an email notice was required was mistaken and unreasonable. The commissioner acted within his powers under section 138(5) of the LRA in proceeding in default and refusing rescission. The applicant failed to demonstrate prospects of success, as its submissions addressed…

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• Condonation For Late Filing
• Default Award
• Rescission Of Award
• Unfair Dismissal
• Section 138 Lra

Minister of Correctional Services v General Public Service Sectoral Bargaining Council and Others (JR 2666/19)

Minister of Correctional Services v General Public Service Sectoral Bargaining Council and Others (JR 2666/19) [2023] ZALCJHB 312 (10 November 2023)

Court

Labour Court Johannesburg

Case number

JR 2666/19

Judge

Z Lallie

The Labour Court granted condonation, reviewed and set aside an unfair dismissal award and rescission ruling, and remitted the dispute for de novo arbitration.

• Unfair Dismissal
• Arbitration Procedure
• Condonation Of Late Filing
• Rescission Of Award
• Labour-law
• Unfair-dismissal

Razzmatazz Trading & Investments 19 (Pty) Ltd v Kruger and Others (JR1149/16)

Razzmatazz Trading & Investments 19 (Pty) Ltd v Kruger and Others (JR1149/16) [2023] ZALCJHB 198 (26 June 2023)

Court

Labour Court Johannesburg

Case number

JR1149/16

Judge

Tlhotlhalemaje

The Labour Court found that the Commissioner acted within his discretion and complied with the CCMA Rules by disposing of the rescission application on the papers after providing the parties with an opportunity to make submissions. The applicant failed to demonstrate good cause for rescission, as its explanation for default was unreasonable and evinced wilfulness. The applicant’s affidavits contained contradictory versions regarding Kruger’s employment status, undermining its bona fide defence. The Commissioner’s findings were reasonable and supported by the evidence, and there was no basis f…

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• Rescission Of Award
• Wilful Default
• Good Cause
• Condonation
• Employment Status
• Unfair Dismissal

Ramorakane v City Lodge Hotel Group Limited and Others (C332/2020)

Ramorakane v City Lodge Hotel Group Limited and Others (C332/2020) [2023] ZALCCT 14 (11 April 2023)

Court

Labour Court Cape Town

Case number

C332/2020

Judge

Rabkin-Naicker

The Labour Court reviewed and set aside a CCMA rescission ruling, finding the commissioner used the wrong test and that the employee was not in wilful default.

• Rescission Of Award
• Wilful Default
• Good Cause Requirement
• Arbitration Postponement
• Labour-law
• Ccma

CCMA v De Jager and Others (JR292/19)

CCMA v De Jager and Others (JR292/19) [2023] ZALCJHB 87; [2023] 7 BLLR 637 (LC) (17 March 2023)

Court

Labour Court Johannesburg

Case number

JR292/19

Judge

Moshoana

The Labour Court held that the CCMA, by abiding by the decision of the court and not opposing the review application, perempted its right to appeal. The application for leave to appeal was found to be a disguised attempt to obtain declaratory relief regarding the interpretation of Rule 17(2) and section 191(5A) of the LRA, which is not permissible in an application for leave to appeal. The court emphasized that appeals do not lie against the reasons for an order, but only against the operative order itself. Furthermore, the court found that the appeal would have no practical effect for the CC…

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• Leave To Appeal
• Peremption Of Right To Appeal
• Rescission Of Award
• Interpretation Of Ccma Rules
• Review Of Arbitration Award

Valinor Trading 133 CC t/a Kings Castle v CCMA and Others (JR292/19)

Valinor Trading 133 CC t/a Kings Castle v CCMA and Others (JR292/19) [2023] ZALCJHB 33; (2023) 44 ILJ 1106 (LC); [2023] 4 BLLR 321 (LC) (3 February 2023)

Court

Labour Court Johannesburg

Case number

JR292/19

Judge

GN Moshoana

The Labour Court held that the CCMA commissioner was not empowered to commence arbitration immediately after conciliation where a party had objected, regardless of whether the objection complied with the CCMA Rules' timeframes. The Labour Relations Act does not prescribe a time period for objections, and the Rules cannot override the substantive right to object. The commissioner's decision to proceed with arbitration in the face of an objection was contrary to the Act and the principle of legality, rendering the default award and subsequent rescission rulings nullities. Furthermore, after iss…

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• Unfair Dismissal
• Jurisdiction Of Commissioner
• Functus Officio
• Rescission Of Award
• Principle Of Legality