South Africa Case Law

Tarman Group Holdings (Pty) Ltd v Commission for Conciliation Mediation and Arbitration and Others (JR926/24)

Tarman Group Holdings (Pty) Ltd v Commission for Conciliation Mediation and Arbitration and Others (JR926/24) [2025] ZALCJHB 160 (24 April 2025)

Court

Labour Court Johannesburg

Case number

JR926/24

Judge

VG Mkwibiso

The Commissioner’s refusal to rescind the arbitration award was unreasonable. The employer had filed a valid objection to the con/arb process, and the arbitration proceeded in its absence due to the Commissioner’s lack of awareness of the objection. Section 144(a) of the Labour Relations Act permits rescission where an award is made erroneously in the absence of a party, and the Commissioner accepted the employer’s explanation for default. The Commissioner’s focus on the procedural wording of the dismissal letter was misplaced, as the substantive issue was the admitted misconduct and the empl…

Source excerpt

• Unfair Dismissal
• Rescission Of Award
• Con Arb Objection
• Review Of Ccma Decision

Melomed Hospital Holdings (Pty) Ltd v Denosa obo Fourie and Others (C589/2020)

Melomed Hospital Holdings (Pty) Ltd v Denosa obo Fourie and Others (C589/2020) [2023] ZALCCT 31 (21 June 2023)

Court

Labour Court Cape Town

Case number

C589/2020

Judge

Leslie

The commissioner erred by considering only the explanation for default and failing to assess the applicant's prospects of success in the unfair dismissal dispute. The applicant provided a reasonable explanation for its absence, supported by evidence of mis-diarisation and prompt follow-up with the CCMA. Furthermore, the applicant set out a prima facie defence to the claim, including intended witness testimony. The failure to consider these factors constituted a material misdirection, rendering the rescission ruling reviewable and susceptible to substitution. The review application was deliver…

Source excerpt

• Rescission Of Arbitration Award
• Good Cause Requirement
• Unfair Dismissal
• Review Of Ccma Decision

Dungelo v Ergo Mining (Pty) Ltd and Others (JR1579/15)

Dungelo v Ergo Mining (Pty) Ltd and Others (JR1579/15) [2018] ZALCJHB 166 (3 May 2018)

Court

Labour Court Johannesburg

Case number

JR1579/15

Judge

Barnes

The Labour Court found that the CCMA Commissioner committed a fundamental error of law by believing he lacked authority to postpone the arbitration due to a prior decision, despite the applicant's representative being unexpectedly absent. Both parties accepted the Commissioner's erroneous stance, leading to the withdrawal agreement. The agreement was thus founded on a common mistake, as both parties operated under the incorrect assumption regarding the Commissioner's powers. Applying the principle from Dickenson Motors, the Court held that such an agreement must be set aside. The matter was o…

Source excerpt

• Unfair Dismissal
• Withdrawal Of Dispute
• Arbitration Postponement
• Common Mistake
• Review Of Ccma Decision

Peermont Global (Pty) Ltd t/a Koroni Hotel Casino Convention Resort v Commission for Conciliation, Mediation and Arbitration and Others (JR2355/15)

Peermont Global (Pty) Ltd t/a Koroni Hotel Casino Convention Resort v Commission for Conciliation, Mediation and Arbitration and Others (JR2355/15) [2018] ZALCJHB 137 (29 March 2018)

Court

Labour Court Johannesburg

Case number

JR2355/15

Judge

Z Lallie

The Labour Court dismissed a review of a CCMA rescission ruling, holding that the commissioner reasonably found wilful default and no basis to rescind the award.

• Rescission Of Arbitration Award
• Wilful Default
• Review Of Ccma Decision
• Prospects Of Success
• Costs Order
• Ccma-rescission

Kgobokoe v Commission for Conciliation Mediation and Arbitration and Others (JR1260/08)

Kgobokoe v Commission for Conciliation Mediation and Arbitration and Others (JR1260/08) [2011] ZALCJHB 133; (2012) 33 ILJ 235 (LC) (29 June 2011)

Court

Labour Court Johannesburg

Case number

JR1260/08

Judges

Shai, Jammy

The court found that the applicant did not sign the notice of withdrawal voluntarily, but did so under undue pressure from the commissioner and based on mistaken beliefs regarding settlement. The commissioner acted unreasonably in refusing a postponement and insisting on withdrawal, especially when settlement negotiations were ongoing and not reduced to writing. The evidence showed that the applicant, as a lay person, was misled into believing the matter was resolved, and the subsequent refusal to reinstate the arbitration was irrational. The court held that, even if the withdrawal had been v…

Source excerpt

• Withdrawal Of Dispute
• Review Of Ccma Decision
• Doctrine Of Election
• Reinstatement Of Arbitration
• Gross Irregularity
• Unfair Dismissal

National Union of Mineworkers and Another v Commission for Conciliation Mediation and Arbitration and Others (JR476/09)

National Union of Mineworkers and Another v Commission for Conciliation Mediation and Arbitration and Others (JR476/09) [2010] ZALC 280 (26 November 2010)

Court

Labour Court

Case number

JR476/09

Judge

Francis

The Labour Court dismissed a review of a CCMA rescission ruling, finding the employee gave no credible explanation for missing arbitration and failed to justify condonation.

• Rescission Of Arbitration Award
• Condonation
• Absence From Hearing
• Review Of Ccma Decision
• Labour-law
• Ccma

National Union of Mineworkers and Another v Commission for Conciliation Mediation And Arbitration and Others (JRJR476/09)

National Union of Mineworkers and Another v Commission for Conciliation Mediation And Arbitration and Others (JRJR476/09) [2010] ZALCJHB 58 (26 November 2010)

Court

Labour Court Johannesburg

Case number

JR476/09

Judge

Francis

Labour Court review dismissed where the employee failed to give a credible explanation for missing CCMA arbitration and the rescission ruling was upheld.

• Rescission Of Arbitration Award
• Condonation
• Absence From Hearing
• Review Of Ccma Decision
• Labour-law
• Ccma-review

South African Airways (Pty) Ltd v Oosthuizen (Comissioner) and Others (JR1271/05)

South African Airways (Pty) Ltd v Oosthuizen (Comissioner) and Others (JR1271/05) [2009] ZALCJHB 14 (5 March 2009)

Court

Labour Court Johannesburg

Case number

JR1271/05

Judge

AC Basson

Labour Court upheld a CCMA rescission ruling, finding the commissioner reasonably refused to reopen a default award after the applicant’s unexplained non-attendance.

• Rescission Of Arbitration Award
• Default Judgment
• Review Of Ccma Decision
• Reasonable Decision Maker Test
• Ccma-rescission
• Labour-court-review

South African Airways (Pty) Ltd v Oothuizen NO and Others (JR1271/05)

South African Airways (Pty) Ltd v Oothuizen NO and Others (JR1271/05) [2009] ZALC 178 (5 March 2009)

Court

Labour Court

Case number

JR1271/05

Judge

AC Basson

The Labour Court found that the Commissioner's refusal to grant rescission of the default arbitration award was reasonable and justified. The applicant's claims of illness and attempts to notify relevant parties were largely unsubstantiated, with no confirmatory affidavits from the doctor or alleged witnesses. The Commissioner properly considered the pattern of postponements and non-attendance by the applicant, and the absence of evidence supporting the applicant's explanations. The decision fell within the bounds of reasonableness as required by law, and there was no basis for the court to i…

Source excerpt

• Rescission Of Arbitration Award
• Default Judgment
• Review Of Ccma Decision
• Reasonable Decision Maker Test

Elmandi Road Maintanance CC v Commission for Conciliation Mediation and Arbitration and Others (JR 250/05)

Elmandi Road Maintanance CC v Commission for Conciliation Mediation and Arbitration and Others (JR 250/05) [2007] ZALC 163 (24 December 2007)

Court

Labour Court

Case number

JR 250/05

Judge

Van Niekerk

The Labour Court dismissed a review of a CCMA rescission refusal, holding that the applicant failed to show good cause or a prima facie defence.

• Rescission Of Arbitration Award
• Default Award
• Good Cause Requirement
• Prima Facie Defence
• Review Of Ccma Decision
• Labour-law