South Africa Case Law

Marakala v Commission for Conciliation, Mediation and Arbitration and Others (R91/18)

Marakala v Commission for Conciliation, Mediation and Arbitration and Others (R91/18) [2020] ZALCJHB 198 (7 August 2020)

Court

Labour Court Johannesburg

Case number

R91/18

Judge

Gush

The court found that the applicant's explanation for the delay in filing the review application was inadequate and did not cover the full period of delay. There was no confirmatory affidavit or detailed account for the time between 27 November 2017 and 19 January 2018. The delay of 50 days was deemed excessive and unjustified. In line with established legal principles, the absence of a satisfactory explanation meant that condonation could not be granted, regardless of the applicant's prospects of success. The application for condonation was therefore refused.

Source excerpt

• Condonation
• Late Filing Of Review
• Section 145 Review
• Arbitration Award
• Procedural Fairness

Minister of Correctional Services v POPCRU obo Selolo and Others (JR3007/09)

Minister of Correctional Services v POPCRU obo Selolo and Others (JR3007/09) [2011] ZALCJHB 272 (25 February 2011)

Court

Labour Court Johannesburg

Case number

JR3007/09

Judge

Bhoola

The court found that while the commissioner was constrained by the applicant’s failure to lead evidence, his reasoning was flawed. The automatic triggering of additional selection criteria was not justified by the guidelines, and meeting minimum criteria only entitled the employee to consideration for promotion, not automatic appointment. The commissioner’s reliance on the 'spirit' of the circulars lacked evidential basis. The award was therefore reviewable under the Sidumo test. The court granted condonation for the late filing, reviewed and set aside the award, and remitted the matter for f…

Source excerpt

• Unfair Labour Practice
• Promotion Dispute
• Review Of Arbitration Award
• Condonation
• Section 145 Review

Top Turf Group (Pty) Ltd v Shezi and Others (D774/05)

Top Turf Group (Pty) Ltd v Shezi and Others (D774/05) [2009] ZALC 239 (19 March 2009)

Court

Labour Court

Case number

D774/05

Judge

Cele

The Labour Court dismissed a review of an arbitration award, finding the commissioner’s credibility findings and reinstatement order were reasonable.

• Unfair Dismissal
• Arbitration Review
• Reinstatement
• Section 145 Review
• Section 193 Remedy
• Labour-law

Dihlabeng Local Municipality v Van Aarde and Others (JR 1607/2001, JR 1608/2001, JR 1609/2001)

Dihlabeng Local Municipality v Van Aarde and Others (JR 1607/2001, JR 1608/2001, JR 1609/2001) [2004] ZALC 28 (11 March 2004)

Court

Labour Court

Case number

JR 1607/2001, JR 1608/2001, JR 1609/2001

Judge

Vahed AJ

The court held that the appointments of the third respondents as employees were made in direct contravention of section 67(3) of the Local Government Ordinance, 1962, which contains an absolute statutory prohibition. Such appointments are void ab initio and have no legal effect. The third respondents were never employees of the applicant for purposes of the Labour Relations Act, 1995, and the CCMA lacked jurisdiction to entertain their unfair dismissal disputes. Estoppel cannot operate to validate an ultra vires act or clothe a local authority with powers it does not possess. The first respon…

Source excerpt

• Jurisdiction Of Ccma
• Ultra Vires Appointments
• Void Ab Initio
• Estoppel Against Local Authority
• Section 145 Review
• Employee Definition

Carephone (Pty) Ltd v Marcus and Others (J842/98)

Carephone (Pty) Ltd v Marcus and Others (J842/98) [1998] ZALC 14 (22 May 1998)

Court

Labour Court

Case number

J842/98

Judge

Mlambo

Labour Court upheld a commissioner’s refusal to postpone CCMA arbitration, finding the discretion was properly exercised and the review failed.

• Arbitration Award Review
• Exercise Of Discretion
• Postponement Of Proceedings
• Legal Representation
• Section 145 Review
• Section 158 Application