South Africa Case Law

Mohube v Commission for Conciliation, Mediation and Arbitration and Others (JA18/2022)

Mohube v Commission for Conciliation, Mediation and Arbitration and Others (JA18/2022) [2023] ZALCJHB 171 (18 May 2023)

Court

Labour Court Johannesburg

Case number

JA 18/2022

Judges

Waglay JP, Coppin JA, Gqamana AJA

The Labour Appeal Court found that the appellant provided an unassailable explanation for his absence at the arbitration hearing, as the CCMA failed to send the set down notice to his designated primary email address. There was no evidence of wilful default, and the appellant acted promptly upon learning of the dismissal ruling. The commissioner erred in finding the explanation unreasonable and in assuming that a professionally conducted disciplinary hearing precluded prospects of success. The appellant demonstrated a bona fide claim and reasonable explanation for default. The Labour Court's…

Source excerpt

• Rescission Of Arbitration Award
• Unfair Dismissal
• Good Cause Requirement
• Default Judgment
• Review Of Ccma Rulings

Mohube v Commission for Conciliation Mediation and Arbitration and Others (JA18/2022)

Mohube v Commission for Conciliation Mediation and Arbitration and Others (JA18/2022) [2023] ZALAC 9; [2023] 8 BLLR 733 (LAC); (2023) 44 ILJ 1683 (LAC) (18 May 2023)

Court

Labour Appeal Court

Case number

JA18/2022

Judges

Waglay, Coppin, Gqamana

The Labour Appeal Court found that the appellant provided an unassailable explanation for his absence at the arbitration hearing, as the CCMA failed to send the set down notice to his designated primary email address. There was no evidence of wilful default, and the appellant acted promptly upon learning of the dismissal ruling. The commissioner erred in finding the explanation unreasonable and in assuming that a professionally conducted disciplinary hearing negated the appellant's prospects of success. The appellant had a bona fide claim, and the commissioner failed to properly engage with t…

Source excerpt

• Rescission Of Arbitration Award
• Unfair Dismissal
• Good Cause Requirement
• Default Judgment
• Review Of Ccma Rulings

Sebibeng Diamond Mine (JV) t/a Frontier Mining Project v NUMSA obo Phekoantoa and Others (C568/2019)

Sebibeng Diamond Mine (JV) t/a Frontier Mining Project v NUMSA obo Phekoantoa and Others (C568/2019) [2021] ZALCCT 86 (4 November 2021)

Court

Labour Court Cape Town

Case number

C568/2019

Judge

BN Conradie

The Labour Court dismissed a review of a CCMA condonation ruling, holding that section 145 does not apply to rulings and no case was made under section 158(1)(g).

• Condonation
• Late Referral
• Review Of Ccma Rulings
• Section 145 Lra
• Section 158 1b Lra
• Ccma-review

RAWU obo Ngweletsana v PT Operational Services (Pty) Ltd and Others (JR 1777/06)

RAWU obo Ngweletsana v PT Operational Services (Pty) Ltd and Others (JR 1777/06) [2010] ZALC 16; (2010) 31 ILJ 1926 (LC) (1 February 2010)

Court

Labour Court

Case number

JR 1777/06

Judge

G N Moshoana

The Labour Court held that CCMA rulings are subject to functus officio and reviewed later rescission-related rulings as unlawful.

• Functus Officio
• Review Of Ccma Rulings
• Rescission Of Award
• Section 158 1 C Application
• Prescription Act
• Administrative Action

Coates Brothers Limited v Shanker and Others (DA 22/2002)

Coates Brothers Limited v Shanker and Others (DA 22/2002) [2003] ZALAC 12; (2003) 24 ILJ 2284 (LAC); [2003] 12 BLLR 1189 (LAC) (29 September 2003)

Court

Labour Appeal Court

Case number

DA 22/2002

Judges

N.P. Willis, C.R. Nicholson, C.N. Jafta

The Labour Appeal Court held that although the Labour Court erred in certain factual findings regarding the explanation for the delay and the evaluation of prospects of success, these errors did not amount to misdirections of such seriousness as to warrant appellate interference. The Labour Court properly exercised its discretion in granting condonation for the late referral to the CCMA, and the appellant failed to demonstrate that the discretion was exercised improperly or unreasonably. The appeal was therefore dismissed with costs.

Source excerpt

• Condonation Of Late Referral
• Unfair Dismissal
• Judicial Discretion
• Review Of Ccma Rulings