Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.
Results update automatically as you type.
South Africa decisions
Decisions matching the current search
Bougaard v Commission for Conciliation, Mediation and Arbitration and Others (JR716/07) [2015] ZALCJHB 443 (30 June 2015)
The Labour Court dismissed an application to rescind a ruling refusing leave to appeal, finding no proof that submissions were filed and no merit in the underlying review.
Kungwini Residential Estate & Adventure Sport Centre Limited v Mhlongo NO and Others (JA10/04) [2005] ZALAC 11; [2006] 5 BLLR 423 (LAC); (2006) 27 ILJ 953 (LAC) (9 December 2005)
The Labour Appeal Court found that the CCMA's condonation ruling was made in the absence of the appellant and without proper notice to the parties, constituting a material procedural irregularity. The appellant had indicated its intention to oppose the condonation application, and the failure to comply with mandatory rules regarding notice periods and case number assignment rendered the process defective. The subsequent rescission application was also improperly heard, as it was determined without proper set down and in the face of objection by the appellant. The Labour Court erred in dismiss…
Source excerpt
Kungwini Residential Estate And Adventure Sport Centre Ltd v Mhlongo NO and Others (JR603/03) [2003] ZALCJHB 12 (2 December 2003)
The Labour Court dismissed a review of a CCMA rescission ruling, finding no irregularity, no bias, and that the review was filed late without condonation.
Durand & Bowden (Pty) Ltd v Kleinot N.O and Others (JR 728/01) [2002] ZALC 116 (7 February 2002)
The Labour Court held that section 144 of the Labour Relations Act does not empower a CCMA commissioner to rescind a condonation ruling, as the section applies only to arbitration awards. The commissioner was functus officio after issuing the condonation ruling and lacked authority to rescind it. The CCMA rules purporting to allow rescission of final condonation rulings are ultra vires, as they cannot override substantive provisions of the Act or the common law. Any voidable condonation ruling may only be set aside by the Labour Court on review. The rescission ruling issued by the commissione…
Source excerpt
Durand and Bowden (Pty) Ltd v Kleinot NO and Others (JR728/01) [2002] ZALCJHB 17 (7 February 2002)
The court held that section 144 of the Labour Relations Act does not empower a CCMA commissioner to rescind a condonation ruling, as such rulings are not arbitration awards. The functus officio doctrine applies, and the commissioner became functus officio after issuing the initial condonation ruling. The CCMA rules cannot override the Act or common law to permit rescission of final condonation rulings. Any voidable condonation ruling may only be set aside by the Labour Court on review, not by the commissioner herself. Accordingly, the rescission ruling and subsequent condonation were declared…
Source excerpt
Explore more
