South Africa Case Law

Solidarity and Another v Jagersfontein Combined School and Others (JS1692/2022)

Solidarity and Another v Jagersfontein Combined School and Others (JS1692/2022) [2024] ZALCJHB 477 (25 November 2024)

Court

Labour Court Johannesburg

Case number

JS1692/2022

Judge

Prinsloo

The Court found that although the settlement agreement was in writing and concluded in settlement of a dispute referred to the Labour Court, it was not unambiguous or unequivocal. There was a material dispute regarding the amount due to Ms van Pletsen and the Respondents' obligation to pay the full amount stated in the agreement. The Respondents had filed a counterclaim seeking rectification or voiding of the agreement on grounds of mistake. The existence of this dispute meant the settlement agreement could not be made an order of court under section 158(1)(c) of the LRA. The Applicants faile…

Source excerpt

• Section 158 1 C Application
• Settlement Agreement Enforcement
• Remuneration Dispute
• Rectification Of Agreement

Department of Home Affairs v Madonsela and Others (JR2374/15)

Department of Home Affairs v Madonsela and Others (JR2374/15) [2024] ZALCJHB 242 (24 June 2024)

Court

Labour Court Johannesburg

Case number

JR2374/15

Judge

H Schensema

The Labour Court dismissed a reinstatement application for an archived review, finding the Department of Home Affairs gave no satisfactory explanation for years of delay.

• Condonation
• Reinstatement Of Review
• Unfair Dismissal
• Practice Manual Compliance
• Section 158 1 C Application
• Reinstatement-of-review

Hospersa obo Swartz v Department of Transport, Eastern Cape (P24/2022)

Hospersa obo Swartz v Department of Transport, Eastern Cape (P24/2022) [2023] ZALCPE 24 (15 November 2023)

Court

Labour Court Port Elizabeth

Case number

P24/2022

Judge

Tlhotlhalemaje

The Labour Court postponed enforcement of an arbitration award, but ordered punitive costs against the Department for delays and procedural non-compliance.

• Section 158 1 C Application
• Arbitration Award Enforcement
• Review Application Procedure
• Practice Manual Clauses
• Condonation
• Costs Orders

NEHAWU obo Nkuna v South African Social Security Agency and Others (J 1516/2020)

NEHAWU obo Nkuna v South African Social Security Agency and Others (J 1516/2020) [2023] ZALCJHB 316 (9 November 2023)

Court

Labour Court Johannesburg

Case number

J 1516/2020

Judge

Tlhotlhalemaje

The Labour Court made an arbitration award an order of court after SASSA failed to prosecute its review, which had lapsed and been archived under the Practice Manual.

• Section 158 1 C Application
• Unfair Labour Practice
• Arbitration Award Enforcement
• Review Application Lapsed
• Practice Manual Archiving
• Section-158-1-c

Hartley v South African Social Security Agency (JR 1648/10 ; J 492/20)

Hartley v South African Social Security Agency (JR 1648/10 ; J 492/20) [2023] ZALCJHB 193 (15 June 2023)

Court

Labour Court Johannesburg

Case number

JR 1648/10 ; J 492/20

Judge

Prinsloo

The Labour Court dismissed an unopposed-on-the-merits leave to appeal application after finding no written submissions were filed and no reasonable prospect of success shown.

• Leave To Appeal
• Section 158 1 C Application
• Practice Manual Compliance
• Judicial Discretion
• Leave-to-appeal
• Labour-court-procedure

Ephraim Mogale Local Municipality v Hlongwane NO and Another (JR 1888/2019)

Ephraim Mogale Local Municipality v Hlongwane NO and Another (JR 1888/2019) [2023] ZALCJHB 179; [2023] 9 BLLR 898 (LC); (2023) 44 ILJ 1944 (LC) (7 June 2023)

Court

Labour Court Johannesburg

Case number

JR 1888/2019

Judge

Prinsloo

Labour Court refused to set aside a municipality’s settlement with its former municipal manager, but also declined to make the agreement an order of court.

• Settlement Agreement
• Section 158 1 C Application
• Misconduct
• Municipal Finance Management Act
• Public Policy
• Unlawful Contract

South African Social Security Agency v Hartley and Others (JR 1648/10 ; J 492/20)

South African Social Security Agency v Hartley and Others (JR 1648/10 ; J 492/20) [2023] ZALCJHB 50; (2023) 44 ILJ 1334 (LC) (1 March 2023)

Court

Labour Court Johannesburg

Case number

JR 1648/10 ; J 492/20

Judge

Prinsloo

The court found that the applicant had taken all reasonable steps to reconstruct the record of the arbitration proceedings, but the record remained incomplete due to failures by the CCMA and the arbitrator. The Practice Manual applies to the review application, and its requirements were not met, resulting in the application being archived and regarded as lapsed. The court declined to substitute the arbitration award with a finding of fairness due to the incomplete record and prejudice to the respondent. Regarding the section 158(1)(c) application, the court exercised its discretion and refuse…

Source excerpt

• Review Of Arbitration Award
• Practice Manual Compliance
• Record Reconstruction
• Section 158 1 C Application
• Condonation
• Unfair Dismissal

Stilhoek Boerderey (Pty) Ltd v Botha and Others (JR 1785/19)

Stilhoek Boerderey (Pty) Ltd v Botha and Others (JR 1785/19) [2023] ZALCJHB 34 (1 March 2023)

Court

Labour Court Johannesburg

Case number

JR 1785/19

Judge

GN Moshoana

The Labour Court dismissed a reinstatement application for a lapsed review, finding no adequate explanation for a two-year delay and awarding costs against the applicant.

• Condonation
• Practice Manual Non Compliance
• Section 158 1 C Application
• Costs Award
• Review Application Lapsed
• Labour-court-review

PSA obo Proctor v Department of Water Affairs & Forestry and Others (J1562/2017)

PSA obo Proctor v Department of Water Affairs & Forestry and Others (J1562/2017) [2022] ZALCJHB 175 (7 July 2022)

Court

Labour Court Johannesburg

Case number

J1562/2017

Judge

T Govender

The Labour Court made an old arbitration award an order of court, joined DFFE as respondent, and held it lacked jurisdiction to dismiss a lapsed review.

• Section 158 1 C Application
• Arbitration Award Enforcement
• Condonation
• Joinder Of Parties
• Lapsed Review Application
• Section-158-1-c

Seroka v Vaal University of Technology (J 146/20)

Seroka v Vaal University of Technology (J 146/20) [2022] ZALCJHB 171 (30 June 2022)

Court

Labour Court Johannesburg

Case number

J 146/20

Judge

Mahosi

The Labour Court made a settlement agreement an order of court after finding the university had not followed the agreed contract-renewal process.

• Section 158 1 C Application
• Settlement Agreement Enforcement
• Condonation
• Specific Performance
• Settlement-agreement-enforcement
• Labour-court