South Africa Case Law

Golden Arrow Bus Services (Pty) Ltd and Another v South African Road Passenger Bargaining Council and Others (C315/21)

Golden Arrow Bus Services (Pty) Ltd and Another v South African Road Passenger Bargaining Council and Others (C315/21) [2025] ZALCCT 23 (9 April 2025)

Court

Labour Court Cape Town

Case number

C315/21

Judge

S Snyman

The Labour Court held that the exemption appeal decisions refusing GABS exemption from wage provisions under the 2018, 2020, and 2021 collective agreements were reviewable and unsustainable, as they were based on material errors of law, misconstrued the nature of unfair competition, and failed to consider relevant facts and special circumstances. The Court found that wage disparity resulting from historical compliance with collective agreements, in the context of new competitors entering the market at minimum wage, constituted unfair competition and threatened the future viability of GABS. Ex…

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• Collective Bargaining
• Exemption Procedure
• Unfair Competition
• Wage Disparity
• Review Under Lra
• Remedy Substitution

O'Connor v Department of Education: Eastern Cape and Others (PR 226 / 22)

O'Connor v Department of Education: Eastern Cape and Others (PR 226 / 22) [2023] ZALCPE 21; (2024) 45 ILJ 1041 (LC) (20 October 2023)

Court

Labour Court Port Elizabeth

Case number

PR 226 / 22

Judge

S Snyman

The Labour Court found that the applicant's dispute arose from employment relations and was governed by the LRA and EEA. The Department's decision not to interview the applicant did not constitute administrative action under PAJA, but was an employment-related decision. Both the LRA and EEA prescribe mandatory dispute resolution processes, requiring referral to conciliation before adjudication by the Labour Court. The applicant failed to refer his dispute to conciliation, which is a jurisdictional prerequisite. Section 158(1)(h) of the LRA does not permit bypassing these processes except in e…

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• Jurisdiction Of Labour Court
• Prescribed Dispute Resolution
• Unfair Discrimination
• Review Under Lra
• Administrative Action
• Conciliation Requirement

Minister of Correctional Services v Mashiya and Others (JR2740/13)

Minister of Correctional Services v Mashiya and Others (JR2740/13) [2023] ZALCJHB 86; (2023) 44 ILJ 1536 (LC) (22 March 2023)

Court

Labour Court Johannesburg

Case number

JR2740/13

Judge

S Snyman

The court held that when an arbitrator recuses themselves in incomplete proceedings, the arbitration must recommence de novo before a new arbitrator. The second respondent's decision to continue the arbitration based on the previous record, without a fresh hearing, constituted misconduct under section 145(2)(a) of the Labour Relations Act. This misconduct vitiated the proceedings, regardless of the outcome or any alleged agreement between the parties. The applicant was deprived of a fair hearing, and the arbitration award was accordingly reviewed and set aside. The matter was remitted to the…

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• Arbitrator Misconduct
• Recusal
• Review Under Lra
• Procedural Fairness
• Arbitration De Novo
• Costs Award

Endumeni Local Municipality v Mbatha and Another (D117/2021)

Endumeni Local Municipality v Mbatha and Another (D117/2021) [2021] ZALCD 73 (17 August 2021)

Court

Labour Court Durban

Case number

D117/2021

Judge

Naidoo

The Labour Court reviewed and set aside a final written warning imposed in a municipal disciplinary matter, finding the sanction irrational and remitting the issue.

• Disciplinary Procedure
• Review Under Lra
• Principle Of Legality
• Sanction Determination
• Labour-law
• Disciplinary-procedure

July v Commission for Conciliation Mediation and Arbitration and Others (J2344/19)

July v Commission for Conciliation Mediation and Arbitration and Others (J2344/19) [2019] ZALCJHB 324 (21 October 2019)

Court

Labour Court Johannesburg

Case number

J2344/19

Judge

van Niekerk

The Labour Court dismissed an urgent review of a CCMA subpoena, finding no proper review basis, and held that privilege and related objections should be raised before the commissioner.

• Subpoena Procedure
• Review Under Lra
• Professional Privilege
• Abuse Of Process
• Labour-law
• Ccma

Plastics Convertors Association of South Africa (PCASA) and Others v Metal and Engineering Industries Bargaining Council (MEIBC) and Others (JR2282/16)

Plastics Convertors Association of South Africa (PCASA) and Others v Metal and Engineering Industries Bargaining Council (MEIBC) and Others (JR2282/16) [2017] ZALCJHB 89; (2017) 38 ILJ 2081 (LC) (10 March 2017)

Court

Labour Court Johannesburg

Case number

JR2282/16

Judge

Steenkamp

The Labour Court found that the MEIBC's decision to request the Minister to extend the Registration and Administration Expenses Collective Agreement to non-parties did not comply with the jurisdictional requirements of section 32(1)(b) of the LRA. The employer organisations voting in favour represented, at best, only 36% of the employees employed by members of employer parties to the Council, falling short of the required majority. The purported submission of additional resolutions did not constitute valid votes at the meeting as required by the statute and the Council's constitution. The dec…

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• Extension Of Collective Agreements
• Jurisdictional Facts
• Administrative Action
• Ripeness
• Review Under Lra
• Majoritarian Requirement

Plessy International Ltd v Commission for Conciliation Mediation And Arbitration and Others (JR973/10)

Plessy International Ltd v Commission for Conciliation Mediation And Arbitration and Others (JR973/10) [2014] ZALCJHB 25 (12 February 2014)

Court

Labour Court Johannesburg

Case number

JR973/10

Judge

Rabkin-Naicker

The Commissioner committed a gross irregularity by relying on an authority that was not applicable to the condonation enquiry and by failing to distinguish between the legal standards for jurisdictional rulings and condonation applications. The Labour Court held that, under section 158(1)(g) of the LRA, gross irregularity is a standalone ground for review of administrative decisions such as condonation rulings. The court found that the Commissioner misconceived the nature of the enquiry before him, which justified the review and setting aside of the condonation ruling. Given the limited recor…

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• Condonation
• Gross Irregularity
• Jurisdiction Of Ccma
• Review Under Lra
• Administrative Action

University of the North-West Staff Association and Others v Campus Rector for the University of North-West and Others (471/2007)

University of the North-West Staff Association and Others v Campus Rector for the University of North-West and Others (471/2007) [2008] ZANWHC 18 (5 June 2008)

Court

North West High Court, Mafikeng

Case number

471/2007

Judge

Leeuw

The High Court dismissed a Rule 53 review of union-related dismissals, holding the dispute belonged in the labour-law forum under the LRA.

• Jurisdiction Of High Court
• Unfair Dismissal
• Trade Union Rights
• Review Under Lra
• Administrative Action
• Constitutional Labour Rights

Shimange v Bonital Medical Fund and Others (J2987/99)

Shimange v Bonital Medical Fund and Others (J2987/99) [2000] ZALC 53 (26 June 2000)

Court

Labour Court

Case number

J2987/99

Judge

Landman

The Labour Court dismissed an exception in a review application, holding that pleaded facts must be accepted and that dismissal is not reviewable under section 158(1)(g) of the LRA.

• Review Under Lra
• Employment Relationship
• Exception Procedure
• Labour-law
• Lra-review
• Dismissal