South Africa Case Law

Airport Motor Retail Centre v Willows N.O. and others (PR283/17)

Airport Motor Retail Centre v Willows N.O. and others (PR283/17) [2024] ZALCPE 22 (26 June 2024)

Court

Labour Court Port Elizabeth

Case number

PR283/17

Judge

Thys

The Labour Court does not have jurisdiction to entertain a Rule 11 application to dismiss a review application that has already been deemed withdrawn, lapsed, archived or dismissed under the Practice Manual. Such a review application ceases to exist and is not pending before the court unless and until a substantive application for reinstatement is brought and granted. The Practice Manual and forthcoming rule changes reinforce the finality of the status of withdrawn or lapsed reviews, and Rule 11 applications are not suitable for matters that are no longer justiciable. The correct approach is…

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• Practice Manual Provisions
• Rule 11 Applications
• Review Application Dismissal
• Jurisdiction Of Labour Court

NEHAWU obo Molebatsi v Performing Arts Centre of Free State (PACOFS) and Others (C398/2021)

NEHAWU obo Molebatsi v Performing Arts Centre of Free State (PACOFS) and Others (C398/2021) [2023] ZALCJHB 221 (13 July 2023)

Court

Labour Court Johannesburg

Case number

C398/2021

Judge

Whyte

The court found that the applicant's application for dismissal of the review was premature, as the first respondent had filed an extension application which had not yet been determined. The agreement to extend the time for filing the record was valid until the applicant filed the dismissal application, but the pending extension application must be considered before any dismissal. The court exercised its discretion to remove the dismissal application from the roll and directed that the file be placed before a Judge in chambers for a ruling on the extension application, as contemplated by the P…

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• Review Of Arbitration Award
• Practice Manual Time Limits
• Rule 11 Applications
• Section 158 1 C Lra
• Condonation
• Record Reconstruction

Rogow and Others v Sun Chemical South Africa (Pty) Limited (C375&539/2017(2))

Rogow and Others v Sun Chemical South Africa (Pty) Limited (C375&539/2017(2)) [2023] ZALCCT 2; - (19 January 2023)

Court

Labour Court Cape Town

Case number

C375&539/2017(2)

Judge

Rabkin-Naicker

The Labour Court granted dismissal of one case for serious attorney negligence, but refused to dismiss the main action, found no abuse of process, and ordered the pre-trial minute filed within 10 days.

• Rule 11 Applications
• Abuse Of Process
• Delay In Prosecution
• Costs De Bonis Propriis
• Pre Trial Minute
• Condonation

FAWU obo Beukes v Cold Chain (Pty) Ltd and Others (JR1545/11)

FAWU obo Beukes v Cold Chain (Pty) Ltd and Others (JR1545/11) [2021] ZALCJHB 424 (5 November 2021)

Court

Labour Court Johannesburg

Case number

JR1545/11

Judge

M I Mangena

The Labour Court held that the review had lapsed and could not be dismissed under Rule 11, but made the arbitration award an order of court.

• Review Proceedings
• Practice Manual Archiving
• Enforcement Of Arbitration Award
• Rule 11 Applications
• Section 158 Relief
• Labour-law

Groom v Daimler Fleet Management (Pty) Ltd (JA39/20)

Groom v Daimler Fleet Management (Pty) Ltd (JA39/20) [2021] ZALAC 23; (2021) 42 ILJ 2179 (LAC); [2021] 11 BLLR 1079 (LAC) (4 August 2021)

Court

Labour Appeal Court

Case number

JA39/20

Judges

Davis JA, Coppin JA, Savage AJA

The Labour Appeal Court held that the Labour Court erred in finding it lacked jurisdiction to determine the conditional counter-application regarding abandonment under section 359(2)(b) of the Companies Act. The Labour Court, having jurisdiction over the main unfair dismissal claim, also had jurisdiction over ancillary matters, including whether the claim was deemed abandoned. The respondent failed to make out a proper case for invocation of the deeming provision, as it did not provide admissible evidence regarding the date of liquidation and appointment of the liquidator, nor did it establis…

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• Unfair Dismissal
• Liquidation Procedure
• Abandonment Of Claim
• Jurisdiction
• Rule 11 Applications

Public Servants Association obo Hartley v South African Social Security Agency; In re: South African Social Security Agency v Hartley and Others (JR1648/10)

Public Servants Association obo Hartley v South African Social Security Agency; In re: South African Social Security Agency v Hartley and Others (JR1648/10) [2018] ZALCJHB 84 (2 March 2018)

Court

Labour Court Johannesburg

Case number

JR1648/10

Judge

S July

The Labour Court dismissed a Rule 11 application to dismiss a review, holding that the PSA lacked joinder-based standing and that delay was not solely the respondent’s fault.

• Rule 11 Applications
• Unfair Dismissal
• Joinder
• Review Of Arbitration Award
• Rule-11-applications
• Review-of-arbitration-award

South African Post Office SOC Ltd v Commission for Conciliation, Mediation and Arbitration and Others (JR254/16)

South African Post Office SOC Ltd v Commission for Conciliation, Mediation and Arbitration and Others (JR254/16) [2018] ZALCJHB 47 (8 February 2018)

Court

Labour Court Johannesburg

Case number

JR254/16

Judge

Prinsloo

The court held that the applicant failed to apply for condonation for the late filing of its review application, a jurisdictional prerequisite. The applicant's argument that condonation could be sought at any stage before judgment was rejected as contrary to established Labour Appeal Court authority. The absence of a condonation application deprived the Labour Court of jurisdiction to adjudicate the review. The grounds for leave to appeal were found to be without merit, and the court declined to burden the Labour Appeal Court with an appeal lacking reasonable prospects of success. The order r…

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• Condonation For Late Filing
• Jurisdiction Of Labour Court
• Review Application
• Rule 11 Applications

Foley v Transvaal Abrasives CC (J2003/02)

Foley v Transvaal Abrasives CC (J2003/02) [2015] ZALCJHB 259 (14 August 2015)

Court

Labour Court Johannesburg

Case number

J2003/02

Judge

Tlhotlhalemaje

The Labour Court granted leave to file a further affidavit in a long-running effort to make a CCMA award an order of court, and reserved costs.

• Unfair Dismissal
• Ccma Award Enforcement
• Rule 11 Applications
• Inordinate Delay
• Rescission Application
• Labour-law