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South Africa Case Law

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Labour Law [2011] ZALCJHB 269

Van Schalkwyk v Commissioner for Conciliation Mediation And Arbitration and Others (JR31/09)

Van Schalkwyk v Commissioner for Conciliation Mediation And Arbitration and Others (JR31/09) [2011] ZALCJHB 269 (26 April 2011)

Court
Labour Court Johannesburg
Case number
JR31/09
Judge
Van Niekerk

The application for review was dismissed because the applicant failed to establish, on the papers, that he was an employee as defined by section 213 of the Labour Relations Act. The Labour Court held that the correct approach in reviewing a CCMA jurisdictional ruling is to determine the correctness of the commissioner's finding, not its reasonableness. The applicant did not provide a sufficient factual basis for the court to decide the correctness of the commissioner's ruling. The court refused to construct a factual matrix for the applicant and found that the application was misconceived. Co…

Source excerpt

  • Employee Definition
  • Jurisdictional Ruling
  • Review Of Ccma Decisions
  • Costs Award
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Labour Law [2002] ZALC 116

Durand & Bowden (Pty) Ltd v Kleinot N.O and Others (JR 728/01)

Durand & Bowden (Pty) Ltd v Kleinot N.O and Others (JR 728/01) [2002] ZALC 116 (7 February 2002)

Court
Labour Court
Case number
JR 728/01
Judge
AA Landman

The Labour Court held that section 144 of the Labour Relations Act does not empower a CCMA commissioner to rescind a condonation ruling, as the section applies only to arbitration awards. The commissioner was functus officio after issuing the condonation ruling and lacked authority to rescind it. The CCMA rules purporting to allow rescission of final condonation rulings are ultra vires, as they cannot override substantive provisions of the Act or the common law. Any voidable condonation ruling may only be set aside by the Labour Court on review. The rescission ruling issued by the commissione…

Source excerpt

  • Condonation Of Late Referral
  • Rescission Of Ruling
  • Functus Officio
  • Ccma Rules
  • Review Of Ccma Decisions
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.