South Africa Case Law

Rand Airport Management Company (Pty) Ltd v Commission for Conciliation Mediation and Arbitration and Others (JR2650/18)

Rand Airport Management Company (Pty) Ltd v Commission for Conciliation Mediation and Arbitration and Others (JR2650/18) [2025] ZALCJHB 238 (18 June 2025)

Court

Labour Court Johannesburg

Case number

JR2650/18

Judge

Lennox

The Labour Court reinstated a review application after finding the arbitration record had been filed and served within the prescribed period, so archiving was unwarranted.

• Archiving Of Review Applications
• Service Of Record
• Rule 7a Compliance
• Practice Manual Reinstatement
• Archiving-of-review-applications
• Service-of-record

Montsho v Fidelity Security Services (Pty) Limited and Others (JR1768/2022)

Montsho v Fidelity Security Services (Pty) Limited and Others (JR1768/2022) [2025] ZALCJHB 126 (23 March 2025)

Court

Labour Court Johannesburg

Case number

JR1768/2022

Judge

Mokose AJ

The court found that the applicant failed to comply with Rule 7A in supplementing the record for review, as the documents relied upon were not presented during the arbitration proceedings and did not form part of the official record. The point in limine raised by the first respondent was upheld, precluding the applicant from relying on such documents. The court held that the applicant did not establish any jurisdictional basis for review under Section 145 of the LRA, nor did he demonstrate any gross irregularity, misconduct, or unreasonable decision by the second respondent. The applicant's a…

Source excerpt

• Review Of Arbitration Award
• Gross Irregularity
• Unfair Dismissal
• Rule 7a Compliance

Swaedi v Bhele NO and Others (JR2291/15)

Swaedi v Bhele NO and Others (JR2291/15) [2021] ZALCJHB 367 (21 October 2021)

Court

Labour Court Johannesburg

Case number

JR2291/15

Judge

Van Niekerk

The Labour Court dismissed a delayed review application after finding the applicant gave no credible explanation for the delay, failed to comply with Rule 7A, and raised no proper review grounds.

• Review Of Arbitration Award
• Rule 7a Compliance
• Practice Manual Urgency
• Delay In Prosecution
• Labour-law
• Review-of-arbitration-award

Osho Steel (Pty) Ltd v Ngobeni NO and Others (JR2768/17)

Osho Steel (Pty) Ltd v Ngobeni NO and Others (JR2768/17) [2019] ZALCJHB 325 (12 November 2019)

Court

Labour Court Johannesburg

Case number

JR 2768/17

Judge

E Tlhotlhalemaje

Leave to appeal was refused after the Labour Court found no reasonable prospects of success and held the applicant could not raise a new procedural point on appeal.

• Constructive Dismissal
• Review Of Arbitration Award
• Rule 7a Compliance
• Leave To Appeal
• Practice Manual Directive
• Leave-to-appeal

Osho Steel (Pty) Ltd v Ngobeni NO and Others (JR2768/2017)

Osho Steel (Pty) Ltd v Ngobeni NO and Others (JR2768/2017) [2019] ZALCJHB 213; (2020) 41 ILJ 476 (LC) (27 August 2019)

Court

Labour Court Johannesburg

Case number

JR2768/2017

Judge

Tlhotlhalemaje

Labour Court dismissed a review application for failing to follow Rule 7A and for not furnishing security under section 145 of the LRA.

• Constructive Dismissal
• Review Of Arbitration Award
• Rule 7a Compliance
• Security For Review
• Section 145 Lra
• Labour-law

Nkosi v Cachalia NO and Others (JR1992/2010)

Nkosi v Cachalia NO and Others (JR1992/2010) [2018] ZALCJHB 293 (25 September 2018)

Court

Labour Court Johannesburg

Case number

JR1992/2010

Judge

Lagrange

The Labour Court dismissed a review because the applicant failed to file a transcribed record or typed and confirmed arbitration notes.

• Review Of Arbitration Award
• Failure To File Record
• Rule 7a Compliance
• Unfair Dismissal
• Jurisdictional Ruling
• Labour-law

Sibanye Gold Limited v Commission for Conciliation, Mediation and Arbitration and Others (JR2396/2008)

Sibanye Gold Limited v Commission for Conciliation, Mediation and Arbitration and Others (JR2396/2008) [2017] ZALCJHB 40 (7 February 2017)

Court

Labour Court Johannesburg

Case number

JR2396/2008

Judge

Naidoo

The Labour Court dismissed a stale review application because the applicant failed for years to prosecute it or comply with Rule 7A and the Practice Manual.

• Unfair Dismissal
• Review Proceedings
• Rule 7a Compliance
• Practice Manual Delay
• Condonation
• Abuse Of Process

UTI South Africa v Pilusa and Others (JR1732/12)

UTI South Africa v Pilusa and Others (JR1732/12) [2016] ZALCJHB 270 (21 July 2016)

Court

Labour Court Johannesburg

Case number

JR1732/12

Judge

Mahosi

The Labour Court refused condonation for a late review of an arbitration award, held it lacked jurisdiction, and ordered the applicant to pay costs.

• Condonation
• Review Of Arbitration Award
• Late Filing
• Jurisdiction
• Rule 11 Dismissal
• Rule 7a Compliance

Yellow Jersey Logistics CC v Shezi NO and Others (JR788/13)

Yellow Jersey Logistics CC v Shezi NO and Others (JR788/13) [2015] ZALCJHB 189 (2 July 2015)

Court

Labour Court Johannesburg

Case number

JR788/13

Judge

Fouche

The Labour Court compelled the respondents to file the arbitration record under Rule 7A(4), after non-compliance with Rule 7A(2)(b). No costs order was made.

• Rule 7a Compliance
• Default Judgment
• Arbitration Record Filing
• Labour-law
• Labour-court-rules
• Arbitration-record

Corobrik (Pty) Ltd v Commission for Conciliation, Mediation And Arbitration and Others (JR3097/11)

Corobrik (Pty) Ltd v Commission for Conciliation, Mediation And Arbitration and Others (JR3097/11) [2014] ZALCJHB 514 (17 December 2014)

Court

Labour Court Johannesburg

Case number

JR3097/11

Judge

Tlhotlhalemaje

The Labour Court held that Rule 7A does not recognize or permit a 'counter review application.' Any party dissatisfied with an arbitration award must file a separate review application in compliance with the Labour Relations Act and the Rules of the Labour Court. The third respondent did not properly place a review application before the court regarding the other four individuals whose dismissal was confirmed. If the third respondent wishes to pursue the matter, it must bring a proper application before the court, together with an application for condonation. The court dismissed the third res…

Source excerpt

• Review Of Arbitration Award
• Counter Review Application
• Rule 7a Compliance
• Condonation Application