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South Africa decisions
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Empact Group (Pty) Ltd v Moni N.O and Others (JR1899/2020) [2025] ZALCJHB 76 (24 February 2025)
The Labour Court dismissed Empact Group’s leave to appeal application, finding no reasonable prospects of success and rejecting the challenge based on CCMA email service.
Qholomashe v Education Labour Relations Council and Others (C442/2022) [2025] ZALCCT 8 (24 January 2025)
The Labour Court set aside a condonation refusal in a late dismissal referral, holding the applicant was denied a fair hearing when supporting documents were not considered.
Clink v Kleinot and Others (C1192/2018) [2023] ZALCCT 59 (25 October 2023)
The Labour Court dismissed an application to review condonation and rescission rulings, and refused condonation for a late replying affidavit, finding no acceptable explanation for delay.
Saldanha Bay Local Municipality v Mutusa obo R Hendricks and Others (C99/2020) [2022] ZALCCT 17; (2022) 43 ILJ 1872 (LC); [2022] 9 BLLR 834 (LC) (23 March 2022)
The arbitrator's conduct during the arbitration proceedings exceeded the boundaries of acceptable inquisitorial intervention and evoked a reasonable apprehension of bias in favour of Ms Hendricks. The arbitrator interfered with cross-examination, distorted evidence, and expressed personal opinions, thereby depriving the Municipality of a fair hearing. The test is not whether the outcome was reasonable, but whether the arbitrator misconceived the nature of the enquiry and denied the parties a fair hearing. The award is vitiated by gross irregularity and must be set aside. The matter cannot be…
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Bluechip Development v Commission for Conciliation, Mediation and Arbitration and Others (JR1762/17) [2019] ZALCJHB 173 (12 July 2019)
The Labour Court set aside a default CCMA arbitration award and a rescission ruling after finding the commissioner failed to consider the merits of the dismissal dispute.
Mothole Bus Service CC v Commission for Conciliation, Mediation and Arbitration and Others (JR899/14) [2019] ZALCJHB 171 (12 July 2019)
The Commissioner failed to properly adjudicate the rescission application by not adequately considering the applicant's explanation for default and the merits of its defence. The Commissioner focused on the condonation application rather than the requirements for rescission, which include both an acceptable explanation for default and a bona fide defence. This failure rendered the decision unreasonable and outside the band of decisions a reasonable decision maker could reach. Accordingly, the rescission ruling must be reviewed and set aside, and the matter referred back for reconsideration by…
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Bidvest Steiner v Gosa NO and Others (JR1498/17) [2019] ZALCJHB 172 (12 July 2019)
The Labour Court reviewed and set aside an arbitration award on an unfair labour practice, finding the commissioner unreasonably assessed the evidence and compensation.
SATAWU obo Hlalethwa v Transnet Bargaining Council and Others (JR2215/16) [2019] ZALCJHB 59 (26 March 2019)
The court found that the Applicant's delay of approximately 15 months in filing the rescission application was excessive and that her explanation, attributing the delay to her union's error, was inadequate and unreasonable. The Applicant failed to act as a reasonable litigant and cannot shift responsibility for the delay to SATAWU. The court held that condonation is not a mere formality and requires a full and acceptable explanation, which was lacking in this case. Furthermore, the Applicant did not substantiate her claim of innocence or prospects of success, while the Third Respondent provid…
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Travalgar Property Management v Bakshi and Others (JR180/2017) [2019] ZALCJHB 3 (11 January 2019)
Review of a CCMA award upheld: the Labour Court found the arbitrator’s conclusion that the dismissal was substantively unfair was reasonable.
Mvundlela v South African Road Passanger Bargaining Council (SARPBC) and Others (JR1693/13) [2018] ZALCJHB 85 (6 February 2018)
The court found that the arbitrator's refusal to condone the excessive lateness of the rescission application was reasonable and consistent with established legal principles. The applicant failed to provide a reasonable explanation for the delay of more than 20 months in filing the rescission application. The arbitrator's error regarding the method of communication of the dismissal ruling did not affect the reasonableness of the award, as the ruling was communicated to the applicant through the means of his choice. The applicant's grounds for review were unsubstantiated, and the arbitrator's…
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