South Africa Case Law

Chirwa v Commission for Conciliation, Mediation and Arbitration and Others (JR2165/19)

Chirwa v Commission for Conciliation, Mediation and Arbitration and Others (JR2165/19) [2021] ZALCJHB 262 (1 September 2021)

Court

Labour Court Johannesburg

Case number

JR2165/19

Judge

P Nkutha-Nkontwana

The Labour Court dismissed both a Rule 11 irregular-proceedings application and a condonation application for late filing of a review, finding no prejudice and no reasonable delay explanation.

• Condonation
• Irregular Proceedings
• Review Of Jurisdictional Ruling
• Unfair Discrimination
• Employment Equity Act
• Labour Court Rules

SAMWU obo Shongwe and Others v Moloi N.O and Others (JA81/19)

SAMWU obo Shongwe and Others v Moloi N.O and Others (JA81/19) [2021] ZALAC 2; [2021] 5 BLLR 464 (LAC); (2021) 42 ILJ 1061 (LAC) (26 February 2021)

Court

Labour Appeal Court

Case number

JA81/19

Judges

Phatshoane, Coppin, Kathree-Setiloane

The Labour Court erred in refusing condonation for the late filing of the rule 7A(8)(b) notice and in dismissing the review application. The delay was satisfactorily explained by the appellant, who took active steps to remedy the situation, including changing attorneys and pursuing the matter diligently. The prejudice to the third respondent was not significant, and the interests of justice required that the merits of the review be considered. The arbitrator's ruling was materially irregular, as the issue of prescription was not properly before him and the referral to the CCMA could not presc…

Source excerpt

• Condonation Of Late Filing
• Review Of Jurisdictional Ruling
• Prescription Act Application
• Collective Agreement Interpretation

SAMWU obo Shongwe and Others v Commissioner Moloi NO and Others (JA81/19)

SAMWU obo Shongwe and Others v Commissioner Moloi NO and Others (JA81/19) [2020] ZALAC 67 (7 December 2020)

Court

Labour Appeal Court

Case number

JA81/19

Judges

Phatshoane, Coppin, Kathree-Setiloane

The Labour Appeal Court upheld an appeal on condonation and review, set aside a jurisdictional ruling on prescription, and sent the dispute back to the CCMA.

• Condonation Of Late Filing
• Review Of Jurisdictional Ruling
• Prescription Act Application
• Collective Agreement Interpretation
• Delay In Prosecution
• Rule 7a Notice

Coetzee and Others v Public Health And Social Development Sectoral Bargaining Council and Others (C819/15)

Coetzee and Others v Public Health And Social Development Sectoral Bargaining Council and Others (C819/15) [2016] ZALCCT 21 (12 July 2016)

Court

Labour Court Cape Town

Case number

C819/15

Judge

Rabkin-Naicker

The Labour Court granted condonation, set aside a bargaining council jurisdictional ruling, and referred the dispute to arbitration before a different arbitrator.

• Jurisdiction Of Bargaining Council
• Interpretation Of Collective Agreement
• Condonation For Late Filing
• Review Of Jurisdictional Ruling
• Referral To Arbitration
• Labour-law

Armaments Corporation of South Africa (SOC) Ltd v CCMA and Others (J1637/13)

Armaments Corporation of South Africa (SOC) Ltd v CCMA and Others (J1637/13) [2013] ZALCJHB 178; [2014] 1 BLLR 56 (LC) (31 July 2013)

Court

Labour Court Johannesburg

Case number

J1637/13

Judge

Steenkamp

The Labour Court refused to stay the CCMA arbitration proceedings, finding that the applicant had not demonstrated exceptional circumstances warranting interim relief. The court emphasized the policy against piecemeal intervention in ongoing arbitration, noting that the applicant could raise jurisdictional issues during arbitration and seek review of any resulting award. The potential prejudice to the applicant did not outweigh the interests of expeditious dispute resolution, and the employee would suffer prejudice if the arbitration was delayed. The application was dismissed, with costs awar…

Source excerpt

• Stay Of Arbitration
• Review Of Jurisdictional Ruling
• Urgent Interdict
• Postponement Of Proceedings

Workforce Group (Pty) Ltd v National Textile Bargaining Council and Another (J1186/11)

Workforce Group (Pty) Ltd v National Textile Bargaining Council and Another (J1186/11) [2011] ZALCJHB 57; [2011] 11 BLLR 1136 (LC); (2011) 32 ILJ 3042 (LC) (7 July 2011)

Court

Labour Court Johannesburg

Case number

J1186/11

Judge

Steenkamp

The application was struck from the roll due to lack of urgency, which was self-created by the applicant's delay in launching both the review and stay applications. The applicant failed to establish a prima facie right to interim relief, as it had an adequate alternative remedy by seeking postponement at the CCMA. The Labour Court reaffirmed its reluctance to intervene in uncompleted arbitration proceedings except in exceptional circumstances, emphasizing that such intervention undermines the expeditious and informal nature of labour dispute resolution. The applicant's prospects of success on…

Source excerpt

• Demarcation Dispute
• Stay Of Arbitration
• Urgent Application
• Review Of Jurisdictional Ruling

Virgin Active South Africa (Pty) Ltd v Mathole N.O. And Others (JR 945/01)

Virgin Active South Africa (Pty) Ltd v Mathole N.O. And Others (JR 945/01) [2002] ZALC 34; [2002] 6 BLLR 593 (LC); (2002) 23 ILJ 948 (LC) (11 April 2002)

Court

Labour Court

Case number

JR 945/01

Judge

B M Jammy

The court held that the CCMA is generally entitled to determine the jurisdictional fact of whether an employment relationship exists at the conciliation stage. Section 191 of the Labour Relations Act requires that only a dismissed employee may refer a dispute about dismissal to the CCMA, and if the status of the referring party as an employee is challenged, it must be determined at that stage. The court found no basis to interfere with the CCMA Commissioner's ruling and dismissed the application, confirming that the CCMA had jurisdiction to determine the employment relationship for purposes o…

Source excerpt

• Jurisdiction Of Ccma
• Employment Relationship
• Review Of Jurisdictional Ruling
• Conciliation Proceedings

Virgin Active South Africa (Pty) Ltd v Mathole NO and Others (JR945/01)

Virgin Active South Africa (Pty) Ltd v Mathole NO and Others (JR945/01) [2002] ZALCJHB 12 (11 April 2002)

Court

Labour Court Johannesburg

Case number

JR945/01

Judge

B M Jammy

The Labour Court dismissed a review of a CCMA ruling on jurisdiction, holding that employment status may be decided at conciliation when disputed.

• Jurisdiction Of Ccma
• Employment Relationship
• Review Of Jurisdictional Ruling
• Ccma-jurisdiction
• Employment-relationship
• Labour-court-review