South Africa Case Law

Mabundla v Bollore Logistics (J1038/23)

Mabundla v Bollore Logistics (J1038/23) [2025] ZALCJHB 318 (10 July 2025)

Court

Labour Court Johannesburg

Case number

J1038/23

Judge

M Makhura

The Labour Court found that the jurisdictional requirements for making the settlement agreement an order of court under section 158(1)(c) and 158(1A) of the LRA were satisfied. However, the respondent had already complied with the terms of the agreement by paying the applicant the full amount of R150,000.00, as evidenced by proof of payment and the applicant's own concession. As a result, granting the application would have no practical effect, as the agreement had been fully performed. The applicant's claim for additional money was irrelevant to the present application and should be pursued…

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• Settlement Agreement
• Section 158 1 C Lra
• Jurisdictional Preconditions
• Enforcement Of Settlement
• Practical Effect
• Proof Of Payment

Gibela Rail Transport Consortium (Pty) Ltd v Mpheteng and Another (J791/24)

Gibela Rail Transport Consortium (Pty) Ltd v Mpheteng and Another (J791/24) [2024] ZALCJHB 282 (31 July 2024)

Court

Labour Court Johannesburg

Case number

J791/24

Judge

Sandile Mabaso

The court found that the applicant had failed to act with reasonable diligence in prosecuting the review application, having delayed for over 19 months before compelling the record and only seeking reinstatement of the review more than two years after it was deemed abandoned. The arbitration award had already been made an order of court under section 158(1)(c) of the LRA, and the applicant had no intention of challenging that order. The application to reinstate the review was moot in the absence of a rescission of the court order. Granting a stay would serve no purpose, as the review applicat…

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• Stay Of Execution
• Review Application
• Arbitration Award Enforcement
• Urgent Application
• Section 158 1 C Lra

Thaba and Others v Pietersburg Opleiding Tee Klub (SAPS) (J312/17)

Thaba and Others v Pietersburg Opleiding Tee Klub (SAPS) (J312/17) [2024] ZALCJHB 46 (14 February 2024)

Court

Labour Court Johannesburg

Case number

J312/17

Judge

Daniels

The Labour Court found the respondent had not complied with a reinstatement award and made the CCMA award an order of court, with costs.

• Unfair Dismissal
• Reinstatement
• Section 158 1 C Lra
• Remuneration
• Costs Award
• Labour-law

Naidoo v ICollege (Pty) Ltd (J 721 / 22)

Naidoo v ICollege (Pty) Ltd (J 721 / 22) [2023] ZALCJHB 318; (2024) 45 ILJ 319 (LC) (26 October 2023)

Court

Labour Court Johannesburg

Case number

J 721 / 22

Judge

S Snyman

The court found that the settlement agreement between the applicant and respondent did not meet the statutory requirements for enforcement under section 158(1)(c) of the Labour Relations Act. Although the agreement was in writing and resolved the employment relationship, it did not settle a dispute that the applicant had the right to refer to arbitration or adjudication under the LRA. The termination was mutually agreed before any disciplinary hearing or dismissal, and thus did not constitute a dispute susceptible to referral. Furthermore, there was a material factual dispute regarding whethe…

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• Settlement Agreement Enforcement
• Section 158 1 C Lra
• Right To Refer Dispute
• Mutual Termination
• Operational Requirements
• Discretionary Court Powers

NEHAWU obo Molebatsi v Performing Arts Centre of Free State (PACOFS) and Others (C398/2021)

NEHAWU obo Molebatsi v Performing Arts Centre of Free State (PACOFS) and Others (C398/2021) [2023] ZALCJHB 221 (13 July 2023)

Court

Labour Court Johannesburg

Case number

C398/2021

Judge

Whyte

The court found that the applicant's application for dismissal of the review was premature, as the first respondent had filed an extension application which had not yet been determined. The agreement to extend the time for filing the record was valid until the applicant filed the dismissal application, but the pending extension application must be considered before any dismissal. The court exercised its discretion to remove the dismissal application from the roll and directed that the file be placed before a Judge in chambers for a ruling on the extension application, as contemplated by the P…

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• Review Of Arbitration Award
• Practice Manual Time Limits
• Rule 11 Applications
• Section 158 1 C Lra
• Condonation
• Record Reconstruction

Dlamini v City of Tshwane Metropolitan Municipality (J944/20)

Dlamini v City of Tshwane Metropolitan Municipality (J944/20) [2023] ZALCJHB 192 (19 June 2023)

Court

Labour Court Johannesburg

Case number

J944/20

Judge

Tlhotlhalemaje

The Labour Court dismissed an application to make an arbitration award an order of court, finding the employer had already complied and costs should follow.

• Section 158 1 C Lra
• Arbitration Award Enforcement
• Unfair Labour Practice
• Remuneration Policy
• Mora Interest
• Labour-law

Khumalo and 50 Others v Emfuleni Municipality (J 1242/2020)

Khumalo and 50 Others v Emfuleni Municipality (J 1242/2020) [2022] ZALCJHB 260 (19 September 2022)

Court

Labour Court Johannesburg

Case number

J 1242/2020

Judge

Van Niekerk

The court found that the settlement agreement did not meet the requirements for enforcement under section 158(1)(c) of the LRA, as there were significant ambiguities regarding the parties to the agreement, the nature of the dispute, and the terms of the agreement itself. The applicants failed to clearly articulate the basis of their claim and did not properly cite the individual applicants or establish locus standi. The claim under section 77(3) of the BCEA was not properly framed in contractual terms and was procedurally inappropriate for motion proceedings. Additionally, subsequent events s…

Source excerpt

• Settlement Agreement Enforcement
• Section 158 1 C Lra
• Section 77 3 Bcea
• Condonation
• Locus Standi

Sekoto v University of South Africa (JS 424/19)

Sekoto v University of South Africa (JS 424/19) [2022] ZALCJHB 34 (28 February 2022)

Court

Labour Court Johannesburg

Case number

JS 424/19

Judge

Tlhotlhalemaje

The Labour Court dismissed an application to make an alleged oral settlement agreement an order of court, finding no clear meeting of minds on reinstatement terms.

• Settlement Agreement
• Section 158 1 C Lra
• Reinstatement
• Oral Contract
• Meeting Of Minds
• Labour-law

Ruselo v Sutherland Transport and Others (PA3/20)

Ruselo v Sutherland Transport and Others (PA3/20) [2022] ZALAC 1; [2022] 4 BLLR 347 (LAC); (2022) 43 ILJ 1320 (LAC) (18 January 2022)

Court

Labour Appeal Court

Case number

PA3/20

Judges

Waglay, Coppin, Kubushi

The Labour Appeal Court upheld enforcement of an arbitration award entered under a trade name, holding the award binding on the Sutherland Employment Trust and its trustees.

• Section 158 1 C Lra
• Joinder And Substitution
• Trade Name Citation
• Enforcement Of Arbitration Award
• Trade-name-citation
• Arbitration-award-enforcement

Kammies v Enforce Security Systems (Pty) Ltd (P54/18)

Kammies v Enforce Security Systems (Pty) Ltd (P54/18) [2021] ZALCPE 15 (8 December 2021)

Court

Labour Court Port Elizabeth

Case number

P54/18

Judge

Lallie

The court found that the applicant had proved the existence of a clear arbitration award in his favour, which the respondent had not complied with. However, the relief sought by the applicant exceeded the scope of section 158(1)(c), as he attempted to obtain more than enforcement or execution of the award. The Labour Relations Act prescribes procedures for enforcement under section 143, and the additional prayers fell outside the scope of the application. Furthermore, the applicant delayed unreasonably in bringing the application, with no satisfactory explanation for the three-year delay. The…

Source excerpt

• Enforcement Of Arbitration Award
• Section 158 1 C Lra
• Unreasonable Delay
• Reinstatement
• Award Execution