South Africa Case Law

Skulpad and Another v Department of Health Eastern Cape and Others (PR139/21)

Skulpad and Another v Department of Health Eastern Cape and Others (PR139/21) [2024] ZALCPE 45; [2025] 1 BLLR 70 (LC); (2025) 46 ILJ 193 (LC) (30 October 2024)

Court

Labour Court Port Elizabeth

Case number

PR139/21

Judge

P N Kroon

Section 24 of the Labour Relations Act does not strip employees of their common law right to refer disputes about the application and interpretation of collective agreements. The arbitrator's ruling, which relied on the interpretation that only unions may refer section 24 disputes, was based on flawed precedent and a misreading of the statutory language. The distinction between 'party to the dispute' and 'party to the collective agreement' is clear in the Act, and the broad wording allows employees with a direct and substantial interest to refer such disputes. The exclusion of employees from…

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• Locus Standi
• Collective Agreements
• Interpretation Of Statutes
• Access To Justice
• Constitutional Rights
• Review Of Arbitration Awards

FAWU obo Members v Imperial Logistics (Pty) Ltd and Others (JR62/20)

FAWU obo Members v Imperial Logistics (Pty) Ltd and Others (JR62/20) [2024] ZALCJHB 360 (3 September 2024)

Court

Labour Court Johannesburg

Case number

JR62/20

Judge

Mafa-Chali

The Labour Court dismissed FAWU’s review of a CCMA award on severance pay, holding the commissioner reasonably interpreted the collective agreements and no oral evidence was required.

• Collective Agreements
• Severance Pay
• Interpretation Of Contracts
• Review Of Arbitration Awards
• Collective-agreements
• Severance-pay

Herbert v Head Education - Western Cape Education and Others (CA3/2021)

Herbert v Head Education - Western Cape Education and Others (CA3/2021) [2022] ZALAC 9; (2022) 43 ILJ 1618 (LAC); [2022] 8 BLLR 712 (LAC) (10 March 2022)

Court

Labour Appeal Court

Case number

CA3/2021

Judges

Coppin JA, Savage AJA, Tokota AJA

The Labour Appeal Court held that a psychometrist’s pre-registration experience did not count as “relevant experience” for grade 3 translation under the OSD agreement.

• Collective Agreements
• Interpretation Of Collective Agreements
• Salary Dispensation
• Career Progression
• Review Of Arbitration Awards
• Material Error Of Law

Maluti A Phofung Local Municipality and Others v South African Municipal Workers Union (SAMWU) and Others (JR1063/19)

Maluti A Phofung Local Municipality and Others v South African Municipal Workers Union (SAMWU) and Others (JR1063/19) [2020] ZALCJHB 19; [2020] 6 BLLR 581 (LC) (31 January 2020)

Court

Labour Court Johannesburg

Case number

JR1063/19

Judge

Van Niekerk

The Labour Court refused condonation for a late review of multiple arbitration awards and settlement agreements, finding the delay excessive and poorly explained.

• Condonation
• Review Of Arbitration Awards
• Late Filing
• Collective Bargaining
• Municipal Administration
• Labour-review

City of Tshwane Metropolitan Municipality v Maree NO and Others (J2098/18)

City of Tshwane Metropolitan Municipality v Maree NO and Others (J2098/18) [2018] ZALCJHB 355 (6 November 2018)

Court

Labour Court Johannesburg

Case number

J2098/18

Judge

S Mabaso

The Labour Court granted leave to appeal after finding conflicting judgments on section 145(7) and (8) of the Labour Relations Act may justify appellate review.

• Leave To Appeal
• Conflicting Judgments
• Section 145 Lra
• Review Of Arbitration Awards
• Leave-to-appeal
• Conflicting-judgments

Commission for Conciliation, Mediation and Arbitration v Commission for Conciliation, Mediation and Arbitration and Others (JR1624/16)

Commission for Conciliation, Mediation and Arbitration v Commission for Conciliation, Mediation and Arbitration and Others (JR1624/16) [2017] ZALCJHB 240 (23 June 2017)

Court

Labour Court Johannesburg

Case number

JR 1624/16

Judge

Y F Saloojee

Labour Court review of an arbitration award on section 198B LRA fixed-term contracts, transitional application, and reviewable irregularity.

• Fixed Term Contracts
• Retrospective Application
• Interpretation Of Statutes
• Review Of Arbitration Awards
• Fixed-term-contracts
• Labour-relations-act

MacDonald's Transport Upington (Pty) Ltd v Association of Mineworkers and Construction Union (AMCU) and Others (JA10/2016)

MacDonald's Transport Upington (Pty) Ltd v Association of Mineworkers and Construction Union (AMCU) and Others (JA10/2016) [2016] ZALAC 32; (2016) 37 (ILJ) 2593 (LAC); [2017] 2 BLLR 105 (LAC) (28 June 2016)

Court

Labour Appeal Court

Case number

JA10/2016

Judges

Tlaletsi, Ndlovu, Sutherland

The Labour Appeal Court held that, on a proper interpretation of the AMCU constitution, membership is acquired upon submission and acceptance of the application form, and is not conditional on actual payment of subscription fees. The provisions regarding lapse of membership due to arrears are triggered only after a stop order facility is activated and non-payment occurs thereafter. The employer's delay in facilitating stop order deductions cannot be used to undermine union membership. The right to representation in unfair dismissal proceedings before the Bargaining Council is primarily the ri…

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• Trade Union Membership
• Unfair Dismissal
• Representation Rights
• Interpretation Of Union Constitution
• Review Of Arbitration Awards

Combrink v Doves Funerals (Pty) Ltd and Others (JR3083/06)

Combrink v Doves Funerals (Pty) Ltd and Others (JR3083/06) [2016] ZALCJHB 188 (20 May 2016)

Court

Labour Court Johannesburg

Case number

JR3083/06

Judge

Rabkin-Naicker

The court found that the arbitration award under case number MP808/06 had prescribed because the application to make the award an order of court was not served on the respondent within the three-year prescription period following the award's issuance. The stay of enforcement obtained by the respondent did not interrupt the running of prescription, as a review application does not constitute a process whereby the creditor claims payment of the debt. The Labour Appeal Court authority in Myathaza v Johannesburg Metropolitan Bus Service (SOC) Ltd t/a Metrobus and related cases was binding, confir…

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• Prescription Of Arbitration Awards
• Enforcement Of Arbitration Awards
• Review Of Arbitration Awards
• Labour Relations Act
• Interruption Of Prescription

IMATU v City of Cape Town (CA 13/2013)

IMATU v City of Cape Town (CA 13/2013) [2015] ZALAC 68 (23 April 2015)

Court

Labour Appeal Court

Case number

CA 13/2013

Judges

Tlaletsi, Hlophe, Kathree-Setiloane

The Labour Appeal Court upheld review of arbitration awards placing municipal employees into posts, finding the arbitrator exceeded powers under the collective agreement and statute.

• Collective Agreements
• Placement Of Employees
• Arbitrator Powers
• Municipal Structures Act
• Review Of Arbitration Awards
• Labour-law

Independent Municipal And Allied Trade Union v City of Cape Town and Others (CA 13/2013)

Independent Municipal And Allied Trade Union v City of Cape Town and Others (CA 13/2013) [2015] ZALAC 9 (23 April 2015)

Court

Labour Appeal Court

Case number

CA 13/2013

Judges

Tlaletsi, Hlophe, Kathree-Setiloane

The Labour Appeal Court upheld the setting aside of arbitration awards that ordered employee placements, holding the arbitrator exceeded powers reserved by statute.

• Collective Agreements
• Municipal Structures Act
• Placement Of Employees
• Arbitrator Powers
• Review Of Arbitration Awards
• Collective-agreements