South Africa Case Law

Airport Motor Retail Centre v Willows N.O. and others (PR283/17)

Airport Motor Retail Centre v Willows N.O. and others (PR283/17) [2024] ZALCPE 22 (26 June 2024)

Court

Labour Court Port Elizabeth

Case number

PR283/17

Judge

Thys

The Labour Court does not have jurisdiction to entertain a Rule 11 application to dismiss a review application that has already been deemed withdrawn, lapsed, archived or dismissed under the Practice Manual. Such a review application ceases to exist and is not pending before the court unless and until a substantive application for reinstatement is brought and granted. The Practice Manual and forthcoming rule changes reinforce the finality of the status of withdrawn or lapsed reviews, and Rule 11 applications are not suitable for matters that are no longer justiciable. The correct approach is…

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• Practice Manual Provisions
• Rule 11 Applications
• Review Application Dismissal
• Jurisdiction Of Labour Court

South African Police Services v Coericius and Others (C263/19)

South African Police Services v Coericius and Others (C263/19) [2021] ZALCCT 64 (30 August 2021)

Court

Labour Court Cape Town

Case number

C263/19

Judge

Rabkin-Naicker

The Labour Court dismissed a review after finding the applicant failed to comply with Practice Manual timelines and the matter was deemed withdrawn.

• Practice Manual Compliance
• Condonation
• Review Application Dismissal
• Rule 11 Application
• Jurisdiction
• Expeditious Dispute Resolution

Ashley v Commission for Conciliation, Mediation and Arbitration and Others (JR627/13)

Ashley v Commission for Conciliation, Mediation and Arbitration and Others (JR627/13) [2016] ZALCJHB 293 (2 August 2016)

Court

Labour Court Johannesburg

Case number

JR627/13

Judge

Cele

The Labour Court dismissed an application for leave to appeal because the applicant failed to file the transcript of an ex tempore judgment, leaving the application incomplete.

• Leave To Appeal
• Practice Manual Compliance
• Ex Tempore Judgment
• Review Application Dismissal
• Leave-to-appeal
• Ex-tempore-judgment

Minister of Police and Another v SAPU and Others (JR2326/2012)

Minister of Police and Another v SAPU and Others (JR2326/2012) [2014] ZALCJHB 490 (19 December 2014)

Court

Labour Court Johannesburg

Case number

JR2326/2012

Judge

Snider

The Labour Court dismissed a delayed review application, made the arbitration award an order of court, and ordered the Applicants to pay costs.

• Section 158 1 C Lra
• Arbitration Award Enforcement
• Review Application Dismissal
• Condonation
• Dilatory Conduct
• Section-158-1-c-lra

Toyota SA Motors (Pty) Ltd v Commission for Conciliation Mediation And Arbitration and Others (JR2627/11)

Toyota SA Motors (Pty) Ltd v Commission for Conciliation Mediation And Arbitration and Others (JR2627/11) [2014] ZALCJHB 334 (2 September 2014)

Court

Labour Court Johannesburg

Case number

JR2627/11

Judge

Fourie

The Labour Court refused leave to appeal against dismissal of a review, finding no reasonable prospects of success where the record was incomplete and prosecution had been delayed.

• Leave To Appeal
• Review Application Dismissal
• Delay In Prosecution
• Incomplete Record
• Costs Award
• Leave-to-appeal

Basil Read (Pty) Ltd v National Union of Mine Workers and Another; In re: National Union of Mine Workers and Another v Commission for Conciliation, Mediation and Arbitration and Others (JR1591/2009)

Basil Read (Pty) Ltd v National Union of Mine Workers and Another; In re: National Union of Mine Workers and Another v Commission for Conciliation, Mediation and Arbitration and Others (JR1591/2009) [2013] ZALCJHB 352; (2014) 35 ILJ 2153 (LC) (4 December 2013)

Court

Labour Court Johannesburg

Case number

JR1591/2009

Judge

Baloyi

The court found that the respondents failed to prosecute the review application with reasonable diligence, resulting in excessive and unexplained delay. The respondents did not comply with the court order to secure appointment of an executrix for the deceased employee's estate, and the trade union lacked authority to persist with the review application in the absence of such appointment. The court accepted the respondents' version regarding receipt of the Rule 11 application and held that condonation for late filing of the answering affidavit was not required. The Rule 11 application was prop…

Source excerpt

• Unreasonable Delay
• Locus Standi Of Union
• Review Application Dismissal
• Executor Authority
• Proof Of Service
• Condonation

BOE Stock Brokers (Pty) Ltd v van den Heever and Others (JR1697/11)

BOE Stock Brokers (Pty) Ltd v van den Heever and Others (JR1697/11) [2013] ZALCJHB 180 (8 August 2013)

Court

Labour Court Johannesburg

Case number

JR1697/11

Judge

Visagie

The Labour Court dismissed an unopposed review for want of prosecution after finding an unreasonable delay, no adequate explanation, and no prospects of success.

• Unreasonable Delay
• Review Application Dismissal
• Constructive Dismissal
• Res Adjudicata
• Jurisdiction Of Ccma
• Unreasonable-delay

Molobola and Others v Hawyes and Others (JR 2166/08)

Molobola and Others v Hawyes and Others (JR 2166/08) [2013] ZALCJHB 131 (4 July 2013)

Court

Labour Court Johannesburg

Case number

JR2166/08

Judge

Van Voore

Leave to appeal was refused in a Labour Court ruling that found the applicants had taken wholly insufficient steps to prosecute their review application.

• Review Application Dismissal
• Delay In Prosecution
• Leave To Appeal
• Exercise Of Discretion
• Leave-to-appeal
• Review-application-dismissal

FAWU obo Morris v South African Breweries and Others (P462/09)

FAWU obo Morris v South African Breweries and Others (P462/09) [2013] ZALCPE 20 (15 May 2013)

Court

Labour Court Port Elizabeth

Case number

P462/09

Judge

AC Basson

The Labour Court granted a Rule 11 application, dismissing a delayed review for failure to prosecute it diligently and ordered costs against the review applicant.

• Review Application Dismissal
• Delay In Prosecution
• Rule 11 Application
• Costs Award
• Rule-11-application
• Review-application-dismissal