South Africa Case Law

NEHAWU obo Nkuna v South African Social Security Agency and Others (J 1516/2020)

NEHAWU obo Nkuna v South African Social Security Agency and Others (J 1516/2020) [2023] ZALCJHB 316 (9 November 2023)

Court

Labour Court Johannesburg

Case number

J 1516/2020

Judge

Tlhotlhalemaje

The Labour Court made an arbitration award an order of court after SASSA failed to prosecute its review, which had lapsed and been archived under the Practice Manual.

• Section 158 1 C Application
• Unfair Labour Practice
• Arbitration Award Enforcement
• Review Application Lapsed
• Practice Manual Archiving
• Section-158-1-c

Stilhoek Boerderey (Pty) Ltd v Botha and Others (JR 1785/19)

Stilhoek Boerderey (Pty) Ltd v Botha and Others (JR 1785/19) [2023] ZALCJHB 34 (1 March 2023)

Court

Labour Court Johannesburg

Case number

JR 1785/19

Judge

GN Moshoana

The Labour Court dismissed a reinstatement application for a lapsed review, finding no adequate explanation for a two-year delay and awarding costs against the applicant.

• Condonation
• Practice Manual Non Compliance
• Section 158 1 C Application
• Costs Award
• Review Application Lapsed
• Labour-court-review

Van Rooi v Swellendam Municipality and Others (C812/2018)

Van Rooi v Swellendam Municipality and Others (C812/2018) [2021] ZALCCT 82 (30 October 2021)

Court

Labour Court Cape Town

Case number

C812/2018

Judge

Rabkin-Naicker

The Court held that, in the absence of substitution of the executor of the deceased applicant's estate, the retrieval application could not proceed as there was no party with standing before the Court. The retrieval application was therefore not properly before the Court and could not be dismissed on its merits. The review application remains deemed withdrawn. The Court further held that, as the attorney's mandate ceased upon the death of the client and no mandate was obtained from the executor, costs orders relating to the retrieval application could not be made. However, since the erstwhile…

Source excerpt

• Review Application Lapsed
• Substitution Of Deceased Party
• Costs Liability Of Attorney
• Standing Of Executor