South Africa Case Law

Independent Development Trust v Commission for Conciliation, Mediation and Arbitration and Another (2025/031003)

Independent Development Trust v Commission for Conciliation, Mediation and Arbitration and Another (2025/031003) [2025] ZALCJHB 114 (16 March 2025)

Court

Labour Court Johannesburg

Case number

2025/031003

Judge

Tlhotlhalemaje

The Labour Court dismissed an urgent bid to stop a CCMA arbitration, finding the urgency was self-created and the applicant had other remedies in due course.

• Urgent Interdict
• Legal Representation
• Review Of Arbitration Ruling
• Self Created Urgency
• Urgent-interdict
• Ccma-arbitration

Motor Industry Bargaining Council v Spartan Service Station (Pty) Ltd ta Spartan Service Station and Others (J2027/2022)

Motor Industry Bargaining Council v Spartan Service Station (Pty) Ltd ta Spartan Service Station and Others (J2027/2022) [2025] ZALCD 6 (17 February 2025)

Court

Labour Court Durban

Case number

JR2027/2022

Judge

Allen-Yaman

The court found that condonation for the late delivery of the review application should be granted due to a reasonable explanation for the delay, excellent prospects of success, and the absence of prejudice to the respondent. The third respondent erred in ruling that she lacked jurisdiction to interpret the collective agreement under s33A, as s33A(7) expressly empowers arbitrators to determine disputes concerning the interpretation or application of collective agreements. The court rejected previous Labour Court decisions that limited locus standi under s24 to parties to the agreement, holdin…

Source excerpt

• Collective Agreement Interpretation
• Locus Standi
• Condonation
• Jurisdiction Of Bargaining Council
• Review Of Arbitration Ruling

Department of Agriculture Land Reform and Rural Development v Kayster N.O and Others (JR130/2024)

Department of Agriculture Land Reform and Rural Development v Kayster N.O and Others (JR130/2024) [2025] ZALCJHB 45 (11 February 2025)

Court

Labour Court Johannesburg

Case number

JR130/2024

Judge

GC Phakedi

The Labour Court found that it lacked jurisdiction to review the preliminary arbitration ruling before the final determination of the dispute, as required by section 158(1B) of the LRA. The applicant failed to plead or demonstrate any exceptional circumstances that would justify intervention at this stage. The arbitrator's decision to reschedule the matter for arbitration did not prejudice the applicant, and the application was brought solely to frustrate the second respondent's right to an expedited disciplinary process. The legal principles governing review of interlocutory rulings are clea…

Source excerpt

• Review Of Arbitration Ruling
• Gross Irregularity
• Jurisdiction Of Labour Court
• Legal Representation In Disciplinary Hearing
• Exceptional Circumstances
• Section 158 1b Lra

Matunga v G Aan R Hydraulics (Pty) Ltd (JR2233-21)

Matunga v G Aan R Hydraulics (Pty) Ltd (JR2233-21) [2024] ZALCJHB 70 (26 January 2024)

Court

Labour Court Johannesburg

Case number

JR2233/21

Judge

M T M Phehane

The Labour Court granted condonation, reviewed and set aside two commissioners’ rulings, and remitted an automatically unfair dismissal dispute for fresh conciliation.

• Automatically Unfair Dismissal
• Jurisdiction Of Labour Court
• Condonation
• Review Of Arbitration Ruling
• Automatically-unfair-dismissal
• Labour-court-jurisdiction

MTamila v Samancor Western Chrome Mines and Others (J 1541/23)

MTamila v Samancor Western Chrome Mines and Others (J 1541/23) [2023] ZALCJHB 324 (23 November 2023)

Court

Labour Court Johannesburg

Case number

J 1541/23

Judge

Van Niekerk

The Labour Court dismissed an employee’s bid to set aside a CCMA pre-arbitration agreement and halt arbitration, finding no jurisdictional basis or proper review case.

• Ccma Jurisdiction
• Pre Arbitration Agreement
• Review Of Arbitration Ruling
• Lra Section 144
• Motion Proceedings
• Ccma-jurisdiction

City of Tshwane Metropolitan Municipal v South African Local Government Bargaining Council and Others (JR536/20)

City of Tshwane Metropolitan Municipal v South African Local Government Bargaining Council and Others (JR536/20) [2023] ZALCJHB 294 (13 October 2023)

Court

Labour Court Johannesburg

Case number

JR536/20

Judge

L Dave

The court found that the commissioner erred by focusing solely on the applicant's failure to communicate its attorney's illness and disregarding the applicant's prospects of success. The applicant provided a reasonable and bona fide explanation for its absence, supported by medical evidence and affidavits. The commissioner failed to apply the bipartite test for rescission, which requires consideration of both the explanation for default and the merits of the applicant's defence. The applicant had not abandoned its defence and had demonstrated a serious intention to proceed. The commissioner's…

Source excerpt

• Rescission Of Arbitration Award
• Good Cause
• Unfair Dismissal
• Review Of Arbitration Ruling

Gana v Public Health and Social Development Sectoral Bargaining Council and Others (C523/2019)

Gana v Public Health and Social Development Sectoral Bargaining Council and Others (C523/2019) [2021] ZALCCT 78 (15 October 2021)

Court

Labour Court Cape Town

Case number

C523/2019

Judge

T Gandidze

The Labour Court reviewed and set aside a condonation refusal in an unfair labour practice promotion dispute, granted condonation, and ordered a de novo hearing.

• Condonation
• Unfair Labour Practice
• Promotion Dispute
• Jurisdiction
• Review Of Arbitration Ruling
• Unfair-labour-practice

BWAWUSA obo Swartz v Phillips NO and Others (C691/18)

BWAWUSA obo Swartz v Phillips NO and Others (C691/18) [2021] ZALCCT 22 (23 February 2021)

Court

Labour Court Cape Town

Case number

C691/18

Judge

Rabkin-Naicker

The Labour Court dismissed a review of a CCMA jurisdiction ruling, holding the dispute was not separate in law or fact because the parties had already settled it.

• Jurisdiction Of Ccma
• Unfair Suspension
• Settlement Agreement
• Review Of Arbitration Ruling
• Ccma-jurisdiction
• Unfair-suspension

Assmang (Pty) Limited t/a Mine v Commission for Conciliation, Mediation and Arbitration and Others (JR273/2017)

Assmang (Pty) Limited t/a Mine v Commission for Conciliation, Mediation and Arbitration and Others (JR273/2017) [2020] ZALCJHB 247 (30 November 2020)

Court

Labour Court Johannesburg

Case number

JR273/2017

Judge

Tlhotlhalemaje

The Labour Court dismissed a review of a CCMA jurisdiction ruling over an unfair labour practice dispute involving loss of a shift allowance.

• Unfair Labour Practice
• Jurisdiction Of Ccma
• Review Of Arbitration Ruling
• Shift Allowance
• Collective Agreement Interpretation
• Unfair-labour-practice

Thandeka Safaris (Pty) Ltd v Commission for Conciliation Mediation and Arbitration and Others (J735/2020)

Thandeka Safaris (Pty) Ltd v Commission for Conciliation Mediation and Arbitration and Others (J735/2020) [2020] ZALCJHB 152 (18 August 2020)

Court

Labour Court Johannesburg

Case number

J735/2020

Judge

Van Niekerk

The Labour Court dismissed an urgent bid to stay part-heard arbitration, finding no valid pending review and no basis for intervention in the incomplete hearing.

• Stay Of Arbitration
• Review Of Arbitration Ruling
• Condonation For Late Filing
• Recusal Of Arbitrator
• Admission Of Evidence
• Stay-of-arbitration