South Africa Case Law

Kekana v Amalgamated Beverages Industries (ABI), A division of the South African Beverages Ltd and Others (J1009/13)

Kekana v Amalgamated Beverages Industries (ABI), A division of the South African Beverages Ltd and Others (J1009/13) [2017] ZALCJHB 212 (5 June 2017)

Court

Labour Court Johannesburg

Case number

J1009/13

Judge

Prinsloo

The applicant's contempt application was dismissed because it failed to comply with the Practice Manual of the Labour Court, which prescribes specific procedures for such applications. More fundamentally, the certified arbitration award the applicant sought to enforce had been reviewed and set aside by the Labour Court, leaving no valid order upon which contempt proceedings could be based. The applicant's arguments regarding the invalidity of the review order due to non-joinder and lack of personal service were without merit, as service on the union was sufficient and the applicant was repres…

Source excerpt

• Contempt Of Court
• Certified Arbitration Award
• Practice Manual Compliance
• Review And Setting Aside Of Award
• Rescission Of Court Order

Ramsupathy v Clicks Stores (D1397/99)

Ramsupathy v Clicks Stores (D1397/99) [2000] ZALC 76 (10 August 2000)

Court

Labour Court

Case number

D1397/99

Judge

A A Landman

The Labour Court rescinded an order making a CCMA award an order of court, finding Clicks had a prima facie defence and should be allowed to oppose.

• Rescission Of Court Order
• Unfair Dismissal
• Condonation For Late Referral
• Notice Of Arbitration
• Ccma Procedure
• Rescission

Meyer v W.C Butler t/a Wack-Em (D338/98)

Meyer v W.C Butler t/a Wack-Em (D338/98) [1999] ZALC 170 (2 December 1999)

Court

Labour Court

Case number

D338/98

Judge

Waglay

The Labour Court found that the CCMA lacked jurisdiction to arbitrate the dispute as there was no express agreement between the parties to submit a dismissal for operational requirements to arbitration, as required by s141(1) of the LRA. The mere participation of the parties in the arbitration, even if legally represented, does not constitute such agreement. Consequently, the arbitration award was a nullity and should not have been made an order of court under s158(1)(c). The previous order was therefore erroneously granted and liable to rescission under s165. The court further held that, giv…

Source excerpt

• Arbitration Award Enforcement
• Jurisdiction Of Ccma
• Dismissal For Operational Requirements
• Rescission Of Court Order

Marathon Earthmovers v Commisssion for Conciliation, Mediation and Arbitration and Others (J3077/98)

Marathon Earthmovers v Commisssion for Conciliation, Mediation and Arbitration and Others (J3077/98) [1999] ZALC 94 (11 June 1999)

Court

Labour Court

Case number

J3077/98

Judge

G J Marcus

The Labour Court dismissed rescission and review applications against a CCMA arbitration award, holding that no proper basis was shown to upset the court order or the award.

• Review Of Arbitration Award
• Rescission Of Court Order
• Natural Justice
• Default Judgment
• Section 145 Lra
• Section 165 Lra