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South Africa decisions
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Williams v CCMA and Others (C 267/2024) [2025] ZALCCT 17 (7 March 2025)
The Labour Court dismissed a review of a CCMA condonation ruling, finding the commissioner applied the correct test and acted judicially.
HLB CMA South African Inc v Boshielo and Others (JR244/24) [2024] ZALCJHB 390 (17 September 2024)
The Labour Court reviewed and set aside a CCMA condonation ruling, finding the commissioner unreasonably accepted the employee’s explanation for a late unfair dismissal referral.
Solidarity obo Taljaard v Assmang Ltd (BlackRock Operations) and Others (JR1856/20) [2023] ZALCJHB 304 (28 February 2023)
Labour Court granted review of a CCMA condonation refusal, finding the commissioner misapplied condonation principles and overlooked a minimal, explained delay.
Mjayeli Security (Pty) Ltd v Commission for Conciliation Mediation and Arbitration and Others (D1318/17) [2020] ZALCD 13 (3 September 2020)
The Labour Court dismissed a review of a CCMA rescission ruling because the applicant failed to file the record, written submissions, or explain its default.
Mphela v Commission for Conciliation and Arbitration and Another (JR 521/20) [2020] ZALCJHB 213 (1 September 2020)
The Labour Court dismissed a review of the CCMA’s refusal to condone a 269-day late referral in an unfair dismissal dispute, finding the ruling reasonable.
Gwala v CCMA and Others (D 1782-17) [2020] ZALCD 6 (5 August 2020)
The court found that the commissioner properly considered the relevant factors in the condonation application, including the explanation for the delay and the prospects of success. The applicant was warned of the referral period in the dismissal letter and did not require the disciplinary code to refer the matter. The disciplinary proceedings and outcome report indicated poor prospects of success. The review application did not meet the stringent test for interference with a discretionary ruling, and no basis existed for the court to set aside the commissioner's decision.
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Mathopo, Moshimane and Mulangaphuma t/a DM5 Inc v Commission for Conciliation, Mediation and Arbitration and Others (JR616/15) [2019] ZALCJHB 21 (5 February 2019)
The Labour Court dismissed a review of a CCMA jurisdiction ruling, holding the commissioner properly interpreted the termination letter and could send the unfair dismissal dispute to arbitration.
SABC v CCMA and Others (JR 232/17) [2018] ZALCJHB 373; (2019) 40 ILJ 603 (LC) (9 November 2018)
The court found that the arbitrator's refusal to postpone the arbitration was irrational and unreasonable given the unique and unforeseen circumstances affecting the SABC's attorney. The junior attorney was not prepared to proceed, and the SABC was deprived of the opportunity to present its case. The arbitrator's interpretation of 'absence' in the context of rescission was overly formalistic; meaningful participation is required, and mere physical presence does not suffice. The proceedings effectively took place in the absence of the SABC, justifying rescission of the award. Both the refusal…
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VEA Road Maintenance and Civils (Pty) Ltd v Dekker NO and Others (JR1252/16) [2018] ZALCJHB 282 (4 September 2018)
The Court found that the applicant's rescission application was not grounded in section 144(a) of the LRA, as there was no allegation that the default award was erroneously sought or granted. The facts indicated that the applicant's counsel attended but withdrew due to unavailability of witnesses, and no formal application for postponement was made. The Commissioner correctly applied section 144(d), requiring good cause for default, and found the applicant's explanation unsatisfactory. The applicant failed to establish prospects of success on the merits, offering only a bare assertion of mutu…
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Mthimkulu v Commission for Conciliation, Mediation and Arbitration and Others (JR2227/16) [2017] ZALCJHB 308 (25 August 2017)
Labour Court review of a CCMA condonation ruling on a late unfair dismissal referral was dismissed after the court found no irregularity and no reasonable explanation for delay.
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