South Africa Case Law

Vericred Collections (Pty) Ltd v Moloto and Others (JR892/24)

Vericred Collections (Pty) Ltd v Moloto and Others (JR892/24) [2024] ZALCJHB 497 (12 December 2024)

Court

Labour Court Johannesburg

Case number

JR892/24

Judge

Mphahlane

The court found that the commissioner committed a reviewable irregularity by refusing the rescission application solely on the basis of alleged proper notice via SMS, without affording the applicant an opportunity to respond to the SMS evidence or considering the applicant’s bona fide defence. The applicant provided a plausible explanation for non-receipt of notice and demonstrated an intention to participate in the CCMA proceedings. The commissioner failed to weigh all relevant factors, including prospects of success, as required by law. On the merits, the court held that the employee’s cond…

Source excerpt

• Review Of Ccma Award
• Rescission Application
• Jurisdiction Of Ccma
• Constructive Dismissal
• Notice Period
• Good Cause Requirement

Read Swatman and Voigt (Pty) Ltd v Commission For Conciliation, Mediation and Arbitration and Others (JR662/22)

Read Swatman and Voigt (Pty) Ltd v Commission For Conciliation, Mediation and Arbitration and Others (JR662/22) [2024] ZALCJHB 388 (2 October 2024)

Court

Labour Court Johannesburg

Case number

JR662/22

Judge

R. Makoele

The Labour Court held that the review was deemed withdrawn for failure to file the complete record in time, struck the matter from the roll, and made no costs order.

• Review Of Ccma Award
• Practice Manual Compliance
• Late Filing Condonation
• Jurisdictional Objection
• Labour-review
• Ccma-review

Kwinda v Commission for Conciliation, Mediation and Arbitration and Others (JR2203/16)

Kwinda v Commission for Conciliation, Mediation and Arbitration and Others (JR2203/16) [2020] ZALCJHB 79 (12 May 2020)

Court

Labour Court Johannesburg

Case number

JR2203/16

Judge

A Ramdaw

The Labour Court dismissed a review of a CCMA dismissal ruling, finding no proper review case and no basis to interfere with the commissioner’s decision.

• Review Of Ccma Award
• Condonation For Late Filing
• Non Attendance At Arbitration
• Attorney And Client Costs
• Rescission Application
• Ccma-review

NEHAWU obo Hoho v CCMA and Others (PR265/18)

NEHAWU obo Hoho v CCMA and Others (PR265/18) [2019] ZAECPEHC 56 (3 September 2019)

Court

Eastern Cape High Court, Port Elizabeth

Case number

PR265/18

Judge

Van Niekerk

Leave to appeal was refused where the applicant repeated review grounds, failed to show a reasonable prospect of success, and misunderstood the review-appeal distinction.

• Leave To Appeal
• Review Of Ccma Award
• Costs In Labour Court
• Leave-to-appeal
• Labour-court
• Ccma-review

Khum MK Investments and Bie Joint Venture (Pty) Ltd t/a Moja Quality v CCMA and Others (JR678/2015)

Khum MK Investments and Bie Joint Venture (Pty) Ltd t/a Moja Quality v CCMA and Others (JR678/2015) [2018] ZALCJHB 190 (18 May 2018)

Court

Labour Court Johannesburg

Case number

JR678/2015

Judge

GN Moshoana

The Labour Court refused leave to appeal, finding no reasonable prospects that another court would reach a different result.

• Leave To Appeal
• Review Of Ccma Award
• Leave-to-appeal
• Labour-law
• Ccma
• Judicial-review

Luvuyo v Commission for Conciliation, Mediation and Arbitration and Others (JR732/13)

Luvuyo v Commission for Conciliation, Mediation and Arbitration and Others (JR732/13) [2017] ZALCJHB 86 (28 February 2017)

Court

Labour Court Johannesburg

Case number

JR732/13

Judge

E.M Molahlehi

The Labour Court condoned the late filing of a leave to appeal application but found no reasonable prospects of success and dismissed the application.

• Condonation Of Late Referral
• Unfair Dismissal
• Leave To Appeal
• Review Of Ccma Award
• Leave-to-appeal
• Condonation

Lahee Construction CC v Nkomo and Others (J2178/13)

Lahee Construction CC v Nkomo and Others (J2178/13) [2016] ZALCJHB 150 (12 April 2016)

Court

Labour Court Johannesburg

Case number

J2178/13

Judge

Tlhotlhalemaje

The Labour Court dismissed an employer’s bid to set aside a CCMA settlement agreement, finding no proof of duress, misrepresentation, or commissioner misconduct.

• Settlement Agreement
• Review Of Ccma Award
• Misrepresentation
• Duress
• Condonation
• Unfair Dismissal

Mintek v Commission for Conciliation, Mediation and Arbitration and Others (JR1127/13)

Mintek v Commission for Conciliation, Mediation and Arbitration and Others (JR1127/13) [2015] ZALCJHB 404 (18 November 2015)

Court

Labour Court Johannesburg

Case number

JR1127/13

Judge

AC Basson

The Labour Court dismissed Mintek’s application for leave to appeal, finding no reasonable prospects of success on the review findings or the costs order.

• Review Of Ccma Award
• Substantive Fairness
• Reinstatement
• Costs Order
• Labour-law
• Ccma-review

SBV Services (Pty) Ltd v NBCRFLI and Others (JR3103/12)

SBV Services (Pty) Ltd v NBCRFLI and Others (JR3103/12) [2015] ZALCJHB 374; (2016) 37 ILJ 708 (LC) (27 October 2015)

Court

Labour Court Johannesburg

Case number

JR3103/12

Judge

Steenkamp

Labour Court review of a CCMA demarcation ruling on whether ‘goods’ includes money in cash-in-transit work. Review dismissed.

• Demarcation Dispute
• Interpretation Of Goods
• Collective Bargaining
• Review Of Ccma Award
• Scope Of Bargaining Council
• Labour-law

EBS Security Admin (Pty) Ltd v Commission for Conciliation Mediation and Arbitration and Others (JR1314/13)

EBS Security Admin (Pty) Ltd v Commission for Conciliation Mediation and Arbitration and Others (JR1314/13) [2015] ZALCJHB 347 (6 October 2015)

Court

Labour Court Johannesburg

Case number

JR1314/13

Judge

Van der Merwe

The Labour Court dismissed an unopposed leave-to-appeal application, holding that the incomplete record prevented review of the CCMA award and no prospects of success were shown.

• Review Of Ccma Award
• Record Of Proceedings
• Gross Irregularity
• Reasonable Decision Maker
• Labour-law
• Ccma-review