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South Africa decisions
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Primeserv Staff Working Dynamix (Pty) Ltd v Williams NO and Others (JR 2743/2022) [2023] ZALCJHB 256 (13 September 2023)
The Labour Court reviewed and set aside a rescission refusal, reinstating a default award’s rescission and ordering a rehearing of the dismissal dispute.
Power M Security (Pty) Ltd v Azkim and Others (JR 336/21) [2021] ZALCJHB 221 (12 August 2021)
The Labour Court reviewed and set aside a CCMA ruling refusing condonation for a late rescission application, granted condonation, and remitted the matter to the CCMA.
Glencore Coal South Africa Limited v Commission for Conciliation, Mediation and Arbitration and Others (JR843/15) [2019] ZALCJHB 281 (8 October 2019)
The Labour Court reviewed and set aside a rescission ruling after finding the applicant had not been properly served with the set-down notice.
Fourie v Commission for Conciliation, Mediation and Arbitration and Others (JR1757/14) [2017] ZALCJHB 30 (20 January 2017)
The Labour Court reviewed and set aside a rescission refusal, holding the commissioner should have considered prospects of success despite the delay.
Technikon Pretoria (now TUT) v Nel NO and Others (J1832/2002; J1987/2009) [2016] ZALCJHB 453 (2 March 2016)
The Labour Court dismissed an application for leave to appeal, finding no reasonable prospects that another court would alter the review outcome.
Sedibeng District Municipality v Petlane and Others (J898/14) [2015] ZALCJHB 142; (2015) 36 ILJ 2364 (LC) (6 May 2015)
The court found that the commissioner exercised her discretion judicially in proceeding with the arbitration hearing in the applicant's absence, as there was no court order staying the proceedings and no reasonable explanation for the applicant's absence. The applicant failed to apply for a postponement and was fully aware of the hearing date. The alleged bias and malice were unfounded and did not constitute a reviewable irregularity. The claim that the award was improperly obtained was rejected, as there was no evidence of fraud or improper conduct by the first respondent. The refusal to res…
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Qibe v Joy Global Africa (Pty) Ltd, In re: Joy Global Africa (Pty) Ltd v Commission for Conciliation Mediation And Arbitration and Others (JA 119/13) [2015] ZALAC 1; [2015] 4 BLLR 415 (LAC); (2015) 36 ILJ 1283 (LAC) (15 January 2015)
The Labour Appeal Court held that the CCMA lacked jurisdiction to arbitrate the unfair dismissal dispute because the respondent is a member of the MEIBC and the parties fall within its registered scope. The commissioner erred by assuming jurisdiction and dismissing the rescission application without referring the jurisdictional issue to CCMA management as required by section 147(3)(a) of the LRA. The Labour Court was correct to set aside the commissioner's award on review, as the necessary procedure for confirming jurisdiction was not followed. The appeal was dismissed on the basis that the C…
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Browns The Diamond Store CC v Commissioner for Conciliation Mediation And Arbitration and Others (JR1230/12) [2014] ZALCJHB 460 (24 November 2014)
The court found that the arbitrator erred by not advising the parties that she intended to decide the rescission application on the affidavits without affording them an opportunity to make submissions. However, upon reconsideration of the merits, the applicant failed to provide a satisfactory explanation for its default and did not demonstrate bona fide prospects of success, as its substantive grounds were only raised in reply and not in the founding affidavit. The applicant's reliance on the erroneous notice of set down was unreasonable, and it failed to act as a reasonable employer would un…
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Hair Health and Beauty (Pty) Ltd v De Beer (JR922/2012) [2014] ZALCJHB 9; (2014) 35 ILJ 2196 (LC) (24 January 2014)
The Labour Court dismissed a late review of a default arbitration award, holding that no condonation was sought and the Commissioner had not been joined.
Caxton Ltd v Commission for Conciliation Mediation and Arbitration and Others (JR 1216/2002) [2011] ZALCJHB 130 (7 April 2011)
The Labour Court reviewed and set aside a CCMA rescission ruling and default award, finding the commissioner failed to properly assess good cause for rescission.
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