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South Africa decisions
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Emfuleni Local Municipality v SAMWU obo Mdluli and Others (JR2106/19) [2025] ZALCJHB 172 (5 May 2025)
The Labour Court granted condonation, reinstated a review, set aside an unfair labour practice award, dismissed a Rule 11 application, and dismissed a cross-review.
GIWUSA obo Mbona and Others v Fouries Poultry Farm (Pty) Ltd t/a Chubby Chick (J1976/17) [2025] ZALCJHB 116; (2025) 46 ILJ 1177 (LC) (18 March 2025)
The Labour Court dismissed a rescission application, holding the applicant knowingly failed to oppose a Rule 11 application and showed no error justifying rescission.
Mahabo and Others v South African Local Government Bargaining Council (SALGBC) and Others (JR70/19) [2024] ZALCJHB 389 (25 September 2024)
The Labour Court dismissed a review after finding an 18-month condonation delay unexplained and the review itself left dormant for over 2½ years.
Neumann v Western Cape Department of Education and Others (C383/2023) [2024] ZALCCT 17 (21 May 2024)
The court found that the review application was technically deemed withdrawn as the record was filed ten court days late, calculated from the date of the Registrar's Rule 7A(5) notice. However, following the Labour Appeal Court's approach in Coericius, the court considered the substance of the applicant's explanation for the delay, the short duration of the default, and the absence of material prejudice to the department. The applicant's conduct did not indicate a lack of diligence, and the delay was not significant given the length and complexity of the record. The court exercised its discre…
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Aspen Pharmacare Ltd v CEPPWAWU obo Tabata and Another (PR184/15) [2024] ZALCPE 16; (2024) 45 ILJ 2024 (LC) (14 May 2024)
The court found that archiving a review application under the Practice Manual does not invalidate a security bond issued under sections 145(7) & (8) of the Labour Relations Act. The review application is not finally dismissed by archiving alone; a Rule 11 application is required to achieve final dismissal. Therefore, the operation of the arbitration award remains suspended by the valid security bond until the review application is finally determined, either on the merits or through a Rule 11 application. The court held that Aspen's urgent application was justified, as substantial redress coul…
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Johannesburg City Parks and Zoo v South African Municipal Workers Union and Another (JS277/17) [2024] ZALCJHB 178 (2 May 2024)
The referral by SAMWU and its members has been archived under paragraph 16 of the Practice Manual due to prolonged inactivity, which has the same legal effect as dismissal of the matter. The court is bound by Labour Appeal Court authority that archiving precludes further conduct in the matter unless an application for retrieval is brought and granted. As a result, the merits of the Rule 11 application to dismiss cannot be entertained, and the matter cannot proceed to trial. The appropriate relief is a declaratory order reflecting the archived status, not dismissal. No order as to costs is mad…
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Mine Engineering And Distributors Workers and Others v Moria Old Home (JS419-21) [2024] ZALCJHB 60 (26 January 2024)
The Labour Court lacks jurisdiction to adjudicate the unfair dismissal dispute because the applicants referred the dispute to the CCMA outside the prescribed 30-day period and failed to apply for condonation for the late referral. The CCMA was therefore without jurisdiction, and the certificate of non-resolution issued was a nullity. Furthermore, the referral to the Labour Court was outside the 90-day period required by section 191(11) of the LRA, and no satisfactory explanation was provided for the delay. The applicants' condonation application was egregiously late, lacked a detailed account…
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Douse v National Horseracing Authority (PR 246/21) [2023] ZALCPE 14 (7 June 2023)
The Labour Court held that the National Horseracing Authority’s CEO lacked authority to institute review proceedings because the constitution vested litigation power in the National Board.
Department of Social Development Gauteng v WAR obo Ramaele and Others (JR 2316/15) [2023] ZALCJHB 118 (13 April 2023)
The Labour Court held it lacked jurisdiction to dismiss a review deemed withdrawn for failure to file the record. The Rule 11 application was dismissed.
South African Police Services v Coericius and Others (CA 11/2021) [2022] ZALAC 104; [2023] 1 BLLR 28 (LAC) (29 September 2022)
The Labour Appeal Court held that a review dismissed for late filing of the record should not have been struck out mechanically and remitted the matter for proper determination.
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