South Africa Case Law

Kempston Employment Solutions v Commission For Conciliation, Mediation and Arbitration and Others (2025/057504)

Kempston Employment Solutions v Commission For Conciliation, Mediation and Arbitration and Others (2025/057504) [2025] ZALCPE 13 (29 July 2025)

Court

Labour Court Port Elizabeth

Case number

2025/057504

Judge

C de Kock

The court held that the applicant failed to comply with the clear statutory requirements of section 145(7) and (8) of the LRA, which mandate the furnishing of security to suspend the operation of an arbitration award pending review. The applicant did not provide any substantive or justifiable reason for its failure to furnish security, nor did it seek an exemption from the Labour Court in a timely manner. The urgency of the application was self-created due to the applicant's delay and non-compliance. The court found that the application to stay enforcement was without merit and constituted an…

Source excerpt

• Stay Of Enforcement
• Security For Review
• Arbitration Award
• Urgent Application
• Section 145 Lra

Africabin Building Systems (Pty) Ltd v Mogaladi and Others (J822/24)

Africabin Building Systems (Pty) Ltd v Mogaladi and Others (J822/24) [2024] ZALCJHB 345; (2024) 45 ILJ 2727 (LC) (6 September 2024)

Court

Labour Court Johannesburg

Case number

J822/24

Judge

M Makhura

Labour Court held an employer seeking review of a reinstatement award had to furnish security under section 145(7) and (8) of the LRA, and ordered R408,000 security.

• Security For Review
• Stay Of Enforcement
• Reinstatement Award
• Section 145 Lra
• Exemption From Security
• Security-for-review

City of Johannesburg Metropolitan Municipality v Mthimunye NO and Others (JR18/21)

City of Johannesburg Metropolitan Municipality v Mthimunye NO and Others (JR18/21) [2024] ZALCJHB 264 (17 July 2024)

Court

Labour Court Johannesburg

Case number

JR18/21

Judge

H Molotsi

The Labour Court dismissed a review application as late, finding no condonation application had been filed and therefore no jurisdiction to hear the matter.

• Review Of Arbitration Award
• Condonation For Late Filing
• Jurisdiction
• Section 145 Lra
• Labour-law
• Judicial-review

Digital Experience (Pty) Ltd v Veira and Others (JR 2167/19)

Digital Experience (Pty) Ltd v Veira and Others (JR 2167/19) [2023] ZALCJHB 335 (1 November 2023)

Court

Labour Court Johannesburg

Case number

JR 2167/19

Judge

Motshegare

The applicant failed to provide a full and reasonable explanation for the inordinate delay in filing the record and prosecuting the review application. The explanation offered was speculative, based on assumptions, and did not cover the entire period of delay. The applicant, as dominus litis, did not take the court into its confidence regarding the steps taken to progress the matter. In the absence of a reasonable and acceptable explanation, prospects of success and prejudice are immaterial. The interests of justice do not favour the reinstatement of the review application or the granting of…

Source excerpt

• Condonation
• Practice Manual
• Deemed Withdrawal
• Late Filing Of Record
• Reinstatement Of Review
• Section 145 Lra

Department of Home Affairs v Maloyi NO and Others (JR2377/19)

Department of Home Affairs v Maloyi NO and Others (JR2377/19) [2023] ZALCJHB 131 (11 May 2023)

Court

Labour Court Johannesburg

Case number

JR2377/19

Judge

P Nkutha-Nkontwana

The Labour Court dismissed a review of an arbitration award for lack of jurisdiction because it was filed late, with no condonation application, and section 158(1)(g) could not be used to bypass section 145.

• Review Of Arbitration Award
• Condonation For Late Filing
• Jurisdiction Of Labour Court
• Section 145 Lra
• Section 158 Lra
• Labour-law

Mkhutshulwa v Department of Health, Eastern Cape and Others (PR 134/17)

Mkhutshulwa v Department of Health, Eastern Cape and Others (PR 134/17) [2023] ZALCPE 5; [2023] 8 BLLR 809 (LC) (4 April 2023)

Court

Labour Court Port Elizabeth

Case number

PR 134/17

Judge

Z Lallie

The Labour Court reviewed an arbitration award and held that the applicant was constructively dismissed, ordering compensation equal to 10 months’ remuneration.

• Unfair Constructive Dismissal
• Arbitration Review
• Compensation For Unfair Dismissal
• Section 145 Lra
• Section 186 Lra
• Constructive-dismissal

Diedricks v Expert-Tech (PTY) Ltd and Others (PR 168/20)

Diedricks v Expert-Tech (PTY) Ltd and Others (PR 168/20) [2022] ZALCPE 31 (31 October 2022)

Court

Labour Court Port Elizabeth

Case number

PR 168/20

Judge

Z Lallie

Labour Court review of a CCMA ruling set aside a dismissal after the commissioner failed to consider a postponement application before proceeding.

• Review Of Arbitration Award
• Postponement Of Arbitration
• Gross Irregularity
• Commissioner Misconduct
• Ccma Rules
• Section 145 Lra

Super Group Gateway Services v Chakale and Others (JR 219/21)

Super Group Gateway Services v Chakale and Others (JR 219/21) [2022] ZALCJHB 371 (1 September 2022)

Court

Labour Court Johannesburg

Case number

JR 219/21

Judge

S Snyman

Labour Court review of a CCMA award: the court found the arbitrator unreasonably ignored clear approval instructions and upheld dismissal for insubordination.

• Unfair Dismissal
• Insubordination
• Review Of Arbitration Award
• Section 145 Lra
• Remorse And Trust Relationship
• Unfair-dismissal

Sebibeng Diamond Mine (JV) t/a Frontier Mining Project v NUMSA obo Phekoantoa and Others (C568/2019)

Sebibeng Diamond Mine (JV) t/a Frontier Mining Project v NUMSA obo Phekoantoa and Others (C568/2019) [2021] ZALCCT 86 (4 November 2021)

Court

Labour Court Cape Town

Case number

C568/2019

Judge

BN Conradie

The Labour Court dismissed a review of a CCMA condonation ruling, holding that section 145 does not apply to rulings and no case was made under section 158(1)(g).

• Condonation
• Late Referral
• Review Of Ccma Rulings
• Section 145 Lra
• Section 158 1b Lra
• Ccma-review

Matutu v Bargaining for the Meat and Trade (Gauteng) and Others (JR499/2017)

Matutu v Bargaining for the Meat and Trade (Gauteng) and Others (JR499/2017) [2020] ZALCJHB 11 (29 January 2020)

Court

Labour Court Johannesburg

Case number

JR499/2017

Judge

S.B. Mgaga

The Labour Court refused condonation for a late review of an unfair dismissal ruling, finding a ten-month delay was excessive and inadequately explained.

• Condonation For Late Filing
• Review Of Arbitration Ruling
• Unfair Dismissal
• Representation At Arbitration
• Section 145 Lra
• Section 158 Lra