Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.
Results update automatically as you type.
South Africa decisions
Decisions matching the current search
Mabaso v Discovery Life (J1155/20) [2024] ZALCJHB 280; (2024) 45 ILJ 2751 (LC) (2 August 2024)
The Labour Court refused to make a voluntary separation agreement an order of court because it was not a settlement of a justiciable LRA dispute.
Cashbuild (Pty) Ltd v Merwe NO and Others (JR516/11; J2735/13) [2016] ZALCJHB 108 (22 March 2016)
The court found that the applicant provided a sufficient explanation for the late filing of the answering affidavit, with the delay being due to administrative oversight and staff changes. The degree of lateness was not substantial, and the applicant demonstrated good prospects of success in the review application. The court held that the absence of a complete record of the arbitration proceedings, due to the commissioner's death and illegible notes, made it impossible to properly adjudicate the review. However, it was not the applicant's fault that the record was missing. Dismissing the revi…
Source excerpt
Himax Security Services CC v Sekhabisa NO and Others (JR2632/11) [2014] ZALCJHB 378 (3 October 2014)
The Labour Court dismissed a review of an arbitration award, holding that the challenge to how rescission of a final written warning was handled did not make the award unreasonable.
Van Rooyen v Rainbow Farms (Pty) Ltd (JR2090/12) [2014] ZALCJHB 218 (20 June 2014)
The Labour Court made a retrenchment settlement agreement an order of court and ordered payment of the outstanding severance amount, rejecting cancellation and set-off arguments.
Mautitious and Others v Maquassi Hills Local Municipality and Others (J816/2014) [2014] ZALCJHB 171 (12 May 2014)
The court found that Motala, as Administrator appointed under section 139 of the Constitution, had the requisite executive authority to conclude the settlement agreement on behalf of the first respondent. Jonas lacked authority to oppose the application or instruct attorneys, as his appointment as Municipal Manager had been declared null and void in previous judgments and Motala had expressly excluded him from giving instructions. The urgency of the application was justified as the applicants acted promptly after being prevented from taking up their positions, and delay would risk irreparable…
Source excerpt
Msezane v Chippa Investment Holdings CC (J 2026/12) [2013] ZALCJHB 71 (3 May 2013)
The Labour Court granted an unopposed application to make a settlement agreement an order of court under section 158(1)(c) of the Labour Relations Act.
Nhlengethwa v Eagle Liner (Pty) Ltd (D415/08) [2010] ZALC 319 (17 December 2010)
The Labour Court dismissed an application to enforce a CCMA reinstatement award, finding the employer had substantially complied and the route complaint was unsupported.
Howell v Autohaus Gobel Northcliff (Pty) Ltd t/a Peuget Northcliff (J578/08) [2009] ZALC 232 (6 November 2009)
The court held that while the applicant is entitled to seek enforcement of the arbitration award under section 158(1)(c) of the Labour Relations Act, the respondent's review application was filed within the prescribed six-week period and cannot be regarded as a delaying tactic. The court found no evidence of abuse of process or undue delay by the respondent. Given the interests of both parties and the need for finality and justice, the court exercised its discretion to stay the enforcement of the arbitration award pending the outcome of the review application. The court emphasized that the La…
Source excerpt
Molaba and Others v Emfuleni Local Municipality (J1438/07, J1443/07, J1439/07) [2009] ZALCJHB 106 (17 March 2009)
The court held that the correspondence from the respondent's human resources manager did not constitute a settlement agreement as contemplated by section 158(1)(c) of the Labour Relations Act. The applicants had not declared or referred a dispute to the bargaining council prior to the alleged agreements, and the letters merely reflected a mutually agreed variation of their employment contracts, not a settlement of a referred dispute. Even if the correspondence could be considered a settlement agreement, the court exercised its discretion to refuse to make it an order, given the existence of u…
Source excerpt
Molaba and Others v Emfuleni Local Municipality (J1438/07, J1443/07, J1439/07) [2009] ZALC 44; [2009] 7 BLLR 679 (LC); (2009) 30 ILJ 2760 (LC) (17 March 2009)
The court held that the correspondence addressed to the applicants by the respondent's acting human resources manager did not constitute a settlement agreement as contemplated by section 158(1)(c) of the Labour Relations Act. The applicants had not declared a dispute or referred it to the bargaining council prior to the alleged agreement, and the letters merely reflected a mutually agreed variation of their employment contracts. Even if the correspondence could be considered a settlement agreement, the court exercised its discretion to refuse to make it an order, given unresolved defences and…
Source excerpt
Explore more
