South Africa Case Law

Cassim Zoobair Lavangee vs Engen Petroleum Ltd (DA 13/12)

Cassim Zoobair Lavangee vs Engen Petroleum Ltd (DA 13/12) [2014] ZALAC 89 (30 May 2014)

Court

Labour Appeal Court

Case number

DA 13/12

Judges

Tlaletsi, Dlodlo, Mokgoatlheng

The Labour Appeal Court held that the commissioner erred by adopting a narrow interpretation of section 144 of the Labour Relations Act and failing to consider whether the appellant had shown good cause for rescission of the arbitration award. The Court reaffirmed that section 144 must be interpreted to include good cause as a ground for rescission, consistent with constitutional principles and the primary objects of the Labour Relations Act. The appellant provided a reasonable and bona fide explanation for his default, which was not disputed by the respondent, and set out a prima facie defen…

Source excerpt

• Rescission Of Arbitration Award
• Good Cause Requirement
• Default Judgment
• Review Of Commissioner Ruling
• Prospects Of Success

Cook4Life CC v Commission for Conciliation Mediation and Arbitration and Others (JR 350/2012)

Cook4Life CC v Commission for Conciliation Mediation and Arbitration and Others (JR 350/2012) [2013] ZALCJHB 10; (2013) 34 ILJ 2018 (LC) (29 January 2013)

Court

Labour Court Johannesburg

Case number

JR 350/2012

Judge

Van Niekerk

The court held that the commissioner was not obliged to determine the jurisdictional challenge at the conciliation phase, particularly as the challenge involved factual disputes regarding the validity of the settlement agreement and allegations of duress. Such matters are best deferred to arbitration, where evidence can be led. The commissioner's ruling to defer the jurisdictional challenge did not constitute a reviewable irregularity. Furthermore, the certificate of outcome issued by the commissioner has no legal significance beyond recording that the dispute remained unresolved and is not a…

Source excerpt

• Jurisdiction Of Ccma
• Unfair Dismissal
• Settlement Agreement
• Review Of Commissioner Ruling

South African Broadcasting Corporation Ltd v Commission for Conciliation, Mediation and Arbitration and Others (JA36/07)

South African Broadcasting Corporation Ltd v Commission for Conciliation, Mediation and Arbitration and Others (JA36/07) [2009] ZALAC 13; (2010) 31 ILJ 592 (LAC) ; [2010] 3 BLLR 251 (LAC) (18 November 2009)

Court

Labour Appeal Court

Case number

JA36/07

Judges

Waglay, Patel, Sangoni

The court held that the explanation for the delay in filing the review application was vague, inadequate, and unsatisfactory. The appellant failed to provide a reasonable explanation for not seeking condonation earlier and did not act at the earliest opportunity after being notified. The merits of the review application were non-existent, as the alleged unfair labour practice was ongoing and not a single act, making the referral to the CCMA timeous. The commissioner correctly ruled that no condonation was required, and the Labour Court was justified in dismissing the application for condonati…

Source excerpt

• Unfair Labour Practice
• Condonation
• Jurisdiction Of Ccma
• Ongoing Discrimination
• Late Referral
• Review Of Commissioner Ruling

Stringfellow v Southern Cape Condo's CC t/a Lodge Ronda and Others (JR 1418/05)

Stringfellow v Southern Cape Condo's CC t/a Lodge Ronda and Others (JR 1418/05) [2006] ZALC 114 (26 May 2006)

Court

Labour Court

Case number

JR 1418/05

Judge

Freund

The Labour Court reviewed and set aside the CCMA commissioner’s jurisdictional ruling, holding that the dismissal allegation was uncontested on review.

• Jurisdiction Of Ccma
• Unfair Dismissal
• Review Of Commissioner Ruling
• Ccma-jurisdiction
• Dismissal-dispute
• Labour-court-review

Close v SHINN FU (Pty) Ltd SA and Others (JR 1092/02)

Close v SHINN FU (Pty) Ltd SA and Others (JR 1092/02) [2004] ZALC 17 (13 February 2004)

Court

Labour Court

Case number

JR 1092/02

Judge

Ndlovu

Labour Court review of a CCMA jurisdiction ruling was upheld because the commissioner failed to consider material affidavits and misapplied the CCMA rules.

• Jurisdiction Of Ccma
• Definition Of Employee
• Review Of Commissioner Ruling
• Section 213 Lra
• Section 158 1 G Lra
• Ccma-jurisdiction