South Africa Case Law

Stevens v Commission for Conciliation Mediation and Arbitration and Others (JR 772/22)

Stevens v Commission for Conciliation Mediation and Arbitration and Others (JR 772/22) [2025] ZALCJHB 208 (28 May 2025)

Court

Labour Court Johannesburg

Case number

JR 772/22

Judge

Asmall

The court found that the applicant failed to provide a compelling, comprehensive, and convincing explanation for the delay in filing the review application. The applicant's reliance on intermediaries and alleged confusion regarding procedures did not constitute good cause, and the medical procedure cited was not a valid justification. The applicant did not take accountability for his lack of action, and the explanation did not cover every period of the delay. The authorities are clear that, in the absence of a satisfactory explanation, prospects of success are immaterial. The court further fo…

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• Condonation
• Unfair Dismissal
• Review Under Section 158 1 G
• Late Filing
• Prospects Of Success
• Costs In Labour Matters

NUMSA obo Members v MEIBC and Others (JR565/16)

NUMSA obo Members v MEIBC and Others (JR565/16) [2018] ZALCJHB 379; (2019) 40 ILJ 399 (LC) (18 October 2018)

Court

Labour Court Johannesburg

Case number

JR565/16

Judge

GN Moshoana

The Labour Court lacks jurisdiction to review the decision of the Independent Exemptions Appeal Board under section 158(1)(g) of the LRA because the function performed is not one provided for in the Act. The exemption appeal process is governed by the Main Agreement, and the relevant body does not exercise a public function as contemplated by the LRA. Even if jurisdiction existed, the applicant failed to demonstrate that the third respondent acted irrationally or failed to consider relevant criteria. The evidence shows that financial motivation was presented and considered, and no irregularit…

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• Collective Agreement Exemptions
• Jurisdiction Of Labour Court
• Interpretation And Application Of Collective Agreements
• Review Under Section 158 1 G
• Exemption Appeals

Wienand v Pharma Natura (Pty) Ltd (JR561/2011)

Wienand v Pharma Natura (Pty) Ltd (JR561/2011) [2012] ZALCJHB 72; (2013) 34 ILJ 1012 (LC) (12 July 2012)

Court

Labour Court Johannesburg

Case number

JR561/2011

Judge

G N Moshoana

The Labour Court reviewed a jurisdictional ruling and held that an employment relationship existed, giving the bargaining council jurisdiction.

• Jurisdictional Ruling
• Employer Employee Relationship
• Review Under Section 158 1 G
• Remuneration Agreement
• Section 200a Presumption
• Unfair Dismissal

South African Commerical Catering & Allied Workers Union and Another v Commission for Conciliation Mediation & Arbitration and Another (J3376/99)

South African Commerical Catering & Allied Workers Union and Another v Commission for Conciliation Mediation & Arbitration and Another (J3376/99) [2000] ZALC 62 (13 July 2000)

Court

Labour Court

Case number

J3376/99

Judge

B M Jammy

Section 144 of the Labour Relations Act is clear and unambiguous: only the commissioner who issued an arbitration award may rescind or vary it. In this case, the rescission was granted by a different commissioner, which is not permitted by the statute. The newly promulgated CCMA rules purporting to allow another commissioner to hear such applications are ultra vires and cannot override the express statutory provision. The rescission order made by the Second Respondent is therefore invalid and of no force or effect. The proper procedure for challenging the original award would have been a revi…

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• Arbitration Award Rescission
• Commissioner Jurisdiction
• Statutory Interpretation
• Review Under Section 158 1 G