South Africa Case Law

Cape Town City Football Club v Matsi and Others (JR96/2022)

Cape Town City Football Club v Matsi and Others (JR96/2022) [2024] ZALCJHB 130; [2024] 5 BLLR 492 (LC) (13 March 2024)

Court

Labour Court Johannesburg

Case number

JR96/2022

Judge

T Venter

The Labour Court has jurisdiction to review private arbitration awards in employment disputes under section 157(3) of the LRA, provided the dispute was cognizable under the LRA at the outset. The applicant's failure to plead reliance on section 33 of the Arbitration Act was not fatal, as the substance of the application was a review. The arbitrator acted within his powers, applied the correct legal principles, and conducted fair proceedings. The arbitrator's determination that the termination of the contract was unlawful and a breach was supported by the evidence, including the failure to com…

Source excerpt

• Review Of Private Arbitration
• Operational Requirements Dismissal
• Unlawful Termination
• Section 33 Arbitration Act
• Section 157 3 Lra
• Costs Award

Mkhize v Antrobus SC and Another (JR1342/12)

Mkhize v Antrobus SC and Another (JR1342/12) [2015] ZALCJHB 398 (13 November 2015)

Court

Labour Court Johannesburg

Case number

JR1342/12

Judge

AC Basson

Labour Court review of a private arbitration award dismissed. The court held the applicant showed no reviewable misconduct, gross irregularity, or excess of powers.

• Arbitration Act Section 33
• Review Of Private Arbitration
• Procedural Fairness
• Gross Irregularity
• Misconduct By Arbitrator
• Disciplinary Dismissal