South Africa Case Law

Pheme v S (A11/2022)

Pheme v S (A11/2022) [2023] ZALMPPHC 1 (16 January 2023)

Court

Limpopo High Court, Polokwane

Case number

A11/2022

Judge

Graham Nasious Moshoana

The court held that the arbitration award made by agreement under section 142A of the LRA is not equivalent to an award issued after arbitration proceedings under section 138(7). The commissioner correctly declined jurisdiction to rescind the award, as the award was a consensual product of the parties and not the result of arbitration proceedings. The jurisdictional facts required by section 142A were present, and the ELRC lacked jurisdiction to entertain a rescission application in these circumstances. The application for review was dismissed, and no order as to costs was made, in line with…

Source excerpt

• Settlement Agreement
• Arbitration Award
• Jurisdiction Of Commissioner
• Rescission Application
• Section 142a Lra
• Costs Order

Blennis v Makole and Others (JR825/21)

Blennis v Makole and Others (JR825/21) [2022] ZALCJHB 210 (3 August 2022)

Court

Labour Court Johannesburg

Case number

JR825/21

Judge

G Mthalane

The Labour Court does not have jurisdiction to review and set aside a settlement agreement concluded under the auspices of the CCMA unless the agreement has been made an arbitration award in terms of section 142A of the Labour Relations Act. The applicant was represented by union officials during the settlement discussions and accepted the payment under the agreement. There is no evidence supporting the claim of duress. The application is therefore dismissed for lack of jurisdiction and merit.

Source excerpt

• Settlement Agreement
• Jurisdiction
• Review Of Ccma Settlement
• Duress
• Section 142a Lra

Civils v Smith and Others (P550/11)

Civils v Smith and Others (P550/11) [2014] ZALCPE 28 (3 September 2014)

Court

Labour Court Port Elizabeth

Case number

P550/11

Judge

R Lagrange

Labour Court dismissed a review of a s 142A award, holding the settlement agreement was unambiguous and supported reinstatement on the same terms.

• Settlement Agreement
• Section 142a Lra
• Unfair Dismissal
• Rectification Of Contract
• Waiver Of Rights
• Labour-review

Consol Glass (Pty) Ltd v Commission for Conciliation Mediation and Arbitration and Others (C 1095/10)

Consol Glass (Pty) Ltd v Commission for Conciliation Mediation and Arbitration and Others (C 1095/10) [2011] ZALCCT 22; [2012] 1 BLLR 42 (LC); (2012) 33 ILJ 376 (LC) (25 August 2011)

Court

Labour Court Cape Town

Case number

C 1095/10

Judge

Steenkamp

Section 142A of the Labour Relations Act is clear in its wording: the CCMA may only make a settlement agreement an arbitration award if the agreement is in respect of a dispute that has already been referred to the Commission. In this case, the settlement agreement was concluded before any dispute was referred to the CCMA. Therefore, the CCMA and the arbitrator lacked jurisdiction to make the agreement an arbitration award. The arbitrator's award was thus reviewable and must be set aside on jurisdictional grounds. Given this finding, the court did not consider the alternative grounds of revie…

Source excerpt

• Settlement Agreement
• Ccma Jurisdiction
• Arbitration Award
• Section 142a Lra
• Review Of Award