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South Africa decisions
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Mpe v Polokwane Local Municipality and Others (JR101/2023) [2024] ZALCJHB 426 (7 November 2024)
The Labour Court dismissed a review of a bargaining council jurisdiction ruling, granting condonation but finding the review grounds vague and based on the wrong test.
Motha v Commission For Conciliation Mediation And Arbitration and Others (JR827/2022) [2024] ZALCJHB 320 (18 July 2024)
The court found that the applicant's review application was moot because he was no longer employed by any of the respondents, and thus could not pursue relief under section 198A(3)(b)(i) of the LRA. The issues raised were neither complex nor of sufficient importance to warrant deviation from the doctrine of mootness. Even if the jurisdictional ruling were set aside, the applicant would not be able to enforce any claim against the respondents. The applicant failed to establish grounds for review based on misconduct or gross irregularity, and the court declined to entertain the matter further.…
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Browns the Diamond Store (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (JR1091/22) [2023] ZALCJHB 189; [2023] 10 BLLR 1033 (LC); (2023) 44 ILJ 2528 (LC) (19 June 2023)
Labour Court review of a CCMA constructive dismissal award succeeded. The court found the employee resigned because of looming discipline, not intolerable working conditions.
Legend Logistics (PTY) Ltd v SATAWU and Others (JR 1099/19) [2022] ZALCJHB 241 (26 August 2022)
Labour Court review of an arbitration award dismissing a jurisdiction-based challenge. The court held the applicant used the wrong review test and dismissed the review.
Motlaase v Commission for Conciliation, Mediation and Arbitration and Others (JR 1802 /2017) [2020] ZALCJHB 186 (18 June 2020)
Review of an award on non-renewal of a fixed-term contract failed because no reasonable expectation of renewal was proved and the review test was misstated.
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