South Africa Case Law

Association of Mineworkers and Construction Union and Others v Commission for Conciliation, Mediation and Arbitration and Others (J1205/19)

Association of Mineworkers and Construction Union and Others v Commission for Conciliation, Mediation and Arbitration and Others (J1205/19) [2025] ZALCJHB 258 (30 June 2025)

Court

Labour Court Johannesburg

Case number

J1205/19

Judge

Lennox

The Court found that the review application was not deemed withdrawn under the Practice Manual, as all procedural requirements were met before and after the reinstatement order. The reinstatement revived all prior steps, including notices filed under Rule 22B. The opposition by Bidvest was opportunistic and based on incorrect factual averments under oath, which were contradicted by undisputed evidence of AMCU's proactive conduct. The application for reinstatement was unnecessary, but even if required, the Applicant's attorneys acted diligently and any delay was minimal. The Court held that un…

Source excerpt

• Review Application Lapse
• Practice Manual Compliance
• Reinstatement Of Proceedings
• Costs Award
• Rule 22b Notice

Atlas Plant Hire (Pty) Ltd v Stapelberg N.O and Others (JR 86/19)

Atlas Plant Hire (Pty) Ltd v Stapelberg N.O and Others (JR 86/19) [2025] ZALCJHB 295 (30 June 2025)

Court

Labour Court Johannesburg

Case number

JR 86/19

Judge

Lennox

The court found that the applicant's absence at the hearing was due to a procedural error by the Registrar, who sent notice to the wrong email address. This justified rescission of the dismissal order under established case law. However, the review application had lapsed due to non-compliance with section 11.2.7 of the Practice Manual, as the record was filed out of time and no reinstatement application was made. The court therefore granted rescission of the dismissal order but held that the review application is deemed lapsed and must be archived. The Third Respondent is entitled to execute…

Source excerpt

• Rescission Of Order
• Review Application Lapse
• Practice Manual Compliance
• Arbitration Award Enforcement

Unilever Field Services v Shibambu and Others (JR22/2013)

Unilever Field Services v Shibambu and Others (JR22/2013) [2025] ZALCJHB 44 (12 February 2025)

Court

Labour Court Johannesburg

Case number

JR22/2013

Judge

G.C. Phakedi

The Labour Court held that the review application had been archived and deemed withdrawn under the Practice Manual, leaving no jurisdiction to hear it.

• Practice Manual Application
• Review Application Lapse
• Jurisdiction Of Labour Court
• Archiving Of Files
• Labour-law
• Judicial-review

Pillay v Ethekwini Municipality: Communications Department and Others (D 96/22)

Pillay v Ethekwini Municipality: Communications Department and Others (D 96/22) [2025] ZALCD 1 (20 January 2025)

Court

Labour Court Durban

Case number

D 96/22

Judge

Whitcher

The applicant failed to comply with the Practice Manual requirements by not filing the written notice to the registrar within 12 months of launching the review application and allowing the matter to remain stagnant for more than 6 months. The Practice Manual is clear that such non-compliance results in the application being archived and regarded as lapsed. The Labour Appeal Court has confirmed that, in these circumstances, the court lacks jurisdiction and must strike the matter from the roll. The applicant was warned of the lapse but persisted without seeking reinstatement. Accordingly, the r…

Source excerpt

• Condonation
• Review Application Lapse
• Practice Manual Clauses
• Jurisdiction
• Archiving Of Files

Companies and Intellectual Property Commission v Commission Mavuma N.O. and Others (JR2617/22)

Companies and Intellectual Property Commission v Commission Mavuma N.O. and Others (JR2617/22) [2024] ZALCJHB 195 (23 April 2024)

Court

Labour Court Johannesburg

Case number

JR2617/22

Judge

M Naidoo

The Labour Court held that the review application had lapsed under clause 11.2.7 of the Practice Manual and could not be revived by condonation alone.

• Practice Manual Clauses
• Condonation
• Review Application Lapse
• Reinstatement Application
• Labour-law
• Practice-manual

Greater Taung Local Municipality v South African Local Government Bargaining Council and Others (JA113/21)

Greater Taung Local Municipality v South African Local Government Bargaining Council and Others (JA113/21) [2023] ZALAC 1; (2023) 44 ILJ 761 (LAC) (16 January 2023)

Court

Labour Appeal Court

Case number

JA113/21

Judges

Sutherland JA, Coppin JA, Kathree-Setiloane AJA

The Labour Appeal Court reinstated an appeal and set aside an order making an arbitration award an order of court, holding this wrongly blocked reinstatement of a lapsed review.

• Unfair Dismissal
• Arbitration Award Enforcement
• Review Application Lapse
• Condonation
• Practice Manual Compliance
• Labour-law

Mbinyashe v Metal and Engineering Industries Bargaining Council and Others (C 1163/2018)

Mbinyashe v Metal and Engineering Industries Bargaining Council and Others (C 1163/2018) [2021] ZALCCT 1 (25 February 2021)

Court

Labour Court Cape Town

Case number

C 1163/2018

Judge

Lagrange

The Labour Court struck a review off the roll after finding it had lapsed under the Practice Manual and had not been properly reinstated.

• Review Application Lapse
• Practice Manual Clauses
• Service Of Process
• Reinstatement Of Application
• Labour-court-review
• Practice-manual-compliance

Festive, a division of Astral Operations Limited v Commission for Conciliation, Mediation and Arbitration and Others (JR1686/15)

Festive, a division of Astral Operations Limited v Commission for Conciliation, Mediation and Arbitration and Others (JR1686/15) [2020] ZALCJHB 178 (31 August 2020)

Court

Labour Court Johannesburg

Case number

JR1686/15

Judge

P Nkutha-Nkontwana

The Labour Court held that the review had been deemed withdrawn or archived, the dispute was moot, and the Rule 11 application was struck off.

• Practice Manual Deeming Provisions
• Condonation
• Review Application Lapse
• Mootness
• Rule 11 Application
• Labour-law

Zwane v Samson NO and Others (JR393/16)

Zwane v Samson NO and Others (JR393/16) [2019] ZALCJHB 200 (13 August 2019)

Court

Labour Court Johannesburg

Case number

JR393/16

Judge

Whitcher

The Labour Court dismissed an application to reinstate a lapsed review after finding the applicant gave no reasonable explanation for prolonged delays.

• Condonation For Late Filing
• Practice Manual Compliance
• Review Application Lapse
• Disciplinary Hearing Fairness
• Labour-review
• Condonation

Samuels v Aspen Pharmacare Ltd (P556/17)

Samuels v Aspen Pharmacare Ltd (P556/17) [2017] ZALCPE 27 (20 December 2017)

Court

Labour Court Port Elizabeth

Case number

P556/17

Judge

Potgieter

The court found that the respondent failed to prosecute its review application within the required 60-day period, resulting in the review being deemed withdrawn in terms of the Labour Court Practice Manual. The respondent did not deliver a notice of opposition or serve its answering affidavit on the applicant, rendering the matter unopposed. The review application did not suspend the operation of the arbitration award as no security was furnished. The applicant was entitled to have the award made an order of court, including reinstatement and payment as specified. Costs were awarded on the or…

Source excerpt

• Section 158 Enforcement
• Arbitration Award
• Review Application Lapse
• Reinstatement
• Interest On Award