South Africa Case Law

Rand Refinery Limited v Sehunane N.O. and Others (CCT 204/22)

Rand Refinery Limited v Sehunane N.O. and Others (CCT 204/22) [2023] ZACC 28; (2023) 44 ILJ 2434 (CC); 2023 (12) BCLR 1511 (CC); [2023] 12 BLLR 1235 (CC) (21 August 2023)

Court

Constitutional Court

Case number

CCT 204/22

Judges

Zondo CJ, Maya DCJ, Kollapen J, Madlanga J, Majiedt J, Mathopo J, Rogers J, Theron J, Van Zyl AJ

The Constitutional Court held that Rand Refinery's opposing affidavit was filed and should have been considered by the Labour Court. The Labour Court's failure to consider this evidence violated Rand Refinery's right to a fair hearing under section 34 of the Bill of Rights. Furthermore, the Labour Court erred in setting aside the arbitration award without making a factual finding, on a balance of probabilities, that the award was improperly obtained as required by section 145(2)(b) of the Labour Relations Act. The Court found that all relevant affidavits, including those filed in related High…

Source excerpt

• Unfair Dismissal
• Review Of Arbitration Award
• Right Of Access To Court
• Improperly Obtained Award
• Section 145 Labour Relations Act
• Section 34 Bill Of Rights

Mabasa v Commission for Conciliation, Mediation and Arbitration and Others (JR2594/2013)

Mabasa v Commission for Conciliation, Mediation and Arbitration and Others (JR2594/2013) [2016] ZALCJHB 233 (4 May 2016)

Court

Labour Court Johannesburg

Case number

JR2594/2013

Judge

Cele

Labour Court review application dismissed after the court upheld a CCMA award finding the applicant's dismissal for misconduct was fair.

• Review Of Arbitration Award
• Dismissal For Misconduct
• Negligence
• Section 145 Labour Relations Act
• Labour-law
• Ccma-review

Matisabo v Commission for Conciliation Mediation and Arbitration and Others (J1031/10)

Matisabo v Commission for Conciliation Mediation and Arbitration and Others (J1031/10) [2011] ZALCJHB 237 (2 September 2011)

Court

Labour Court Johannesburg

Case number

J1031/10

Judge

Gush

Labour Court review dismissed after the applicant failed to show any reviewable irregularity in an arbitration award upholding his dismissal.

• Review Of Arbitration Award
• Substantive Fairness Of Dismissal
• Section 145 Labour Relations Act
• Self Representation
• Labour-law
• Review-of-arbitration-award

Network Field Marketing (Pty) Ltd v Mngezana No and Others (JR 2802/09)

Network Field Marketing (Pty) Ltd v Mngezana No and Others (JR 2802/09) [2011] ZALCJHB 9; [2011] 7 BLLR 699 (LC); (2011) 32 ILJ 1705 (LC) (11 February 2011)

Court

Labour Court Johannesburg

Case number

JR 2802/09

Judge

Lagrange

The Labour Court set aside a CCMA arbitration award after finding the commissioner’s credibility findings were inadequately reasoned and unsupported by the record.

• Review Of Arbitration Award
• Credibility Of Witnesses
• Misconduct
• Unfair Dismissal
• Section 145 Labour Relations Act
• Ccma-review