South Africa Case Law

Bojanala Platinum District Municipality v Fourie and Others (2025/104750)

Bojanala Platinum District Municipality v Fourie and Others (2025/104750) [2025] ZALCJHB 306 (22 July 2025)

Court

Labour Court Johannesburg

Case number

2025/104750

Judge

M Makhura

The Court found that the applicant failed to establish exceptional circumstances warranting intervention in the uncompleted CCMA arbitration. The alleged threats and safety concerns were speculative, inadequately substantiated, and related primarily to legal representatives rather than the applicant's officials. The applicant did not demonstrate irreparable harm or unfairness that could not be remedied after arbitration. The refusal of legal representation did not infringe any right, as such representation is not guaranteed in misconduct disputes before the CCMA. Intervening at this stage wou…

Source excerpt

• Ccma Legal Representation
• Exceptional Circumstances
• Interim Interdict
• Section 158 1b Lra
• Hearsay Evidence
• Unfair Dismissal

Department of Agriculture Land Reform and Rural Development v Kayster N.O and Others (JR130/2024)

Department of Agriculture Land Reform and Rural Development v Kayster N.O and Others (JR130/2024) [2025] ZALCJHB 45 (11 February 2025)

Court

Labour Court Johannesburg

Case number

JR130/2024

Judge

GC Phakedi

The Labour Court found that it lacked jurisdiction to review the preliminary arbitration ruling before the final determination of the dispute, as required by section 158(1B) of the LRA. The applicant failed to plead or demonstrate any exceptional circumstances that would justify intervention at this stage. The arbitrator's decision to reschedule the matter for arbitration did not prejudice the applicant, and the application was brought solely to frustrate the second respondent's right to an expedited disciplinary process. The legal principles governing review of interlocutory rulings are clea…

Source excerpt

• Review Of Arbitration Ruling
• Gross Irregularity
• Jurisdiction Of Labour Court
• Legal Representation In Disciplinary Hearing
• Exceptional Circumstances
• Section 158 1b Lra

Passenger Rail Agency of South Africa (Pty) Ltd v Mathobela and Others (2024/127351)

Passenger Rail Agency of South Africa (Pty) Ltd v Mathobela and Others (2024/127351) [2024] ZALCJHB 446 (13 November 2024)

Court

Labour Court Johannesburg

Case number

2024/127351

Judge

M Makhura

The Labour Court dismissed PRASA’s urgent bid to halt CCMA arbitration pending review of a legal-representation ruling, finding no exceptional circumstances.

• Legal Representation In Arbitration
• Interlocutory Review
• Exceptional Circumstances
• Ccma Rules
• Section 158 1b Lra
• Ccma-legal-representation

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

Winnie Mabaso Foundation v CCMA and Others (J293/21)

Winnie Mabaso Foundation v CCMA and Others (J293/21) [2021] ZALCJHB 46 (24 March 2021)

Court

Labour Court Johannesburg

Case number

J293/21

Judge

G. N. Moshoana

The Labour Court dismissed an urgent review of a CCMA jurisdictional ruling, holding that defective service did not oust jurisdiction and that section 158(1B) barred intervention.

• Jurisdictional Ruling
• Defective Service
• Stay Of Arbitration
• Interdict Relief
• Section 158 1b Lra
• Ccma-jurisdiction

Colgate-Palmolive (Pty) Ltd v Rala-Rala and Others (JR79/19)

Colgate-Palmolive (Pty) Ltd v Rala-Rala and Others (JR79/19) [2021] ZALCJHB 35 (20 January 2021)

Court

Labour Court Johannesburg

Case number

JR79/19

Judge

P Nkutha-Nkontwana

The court held that section 187(1)(c) of the LRA, as amended, is intended to protect collective bargaining and does not apply to individual dismissals. The first respondent was dismissed for misconduct following a disciplinary hearing, and the NBCCI has jurisdiction to arbitrate the dispute under section 191(5) of the LRA. The applicant's reliance on section 187(1)(c) was misplaced and constituted a strategy to delay the proceedings. The arbitrator correctly identified the real nature of the dispute, and there was no just and equitable reason for the Labour Court to entertain a review of the…

Source excerpt

• Automatically Unfair Dismissal
• Jurisdiction Of Bargaining Council
• Section 187 1 C Lra
• Section 158 1b Lra
• Unfair Dismissal For Misconduct

Freshmark (PTY) LTD v Commissioner Mothibe N.O (JR2063/18)

Freshmark (PTY) LTD v Commissioner Mothibe N.O (JR2063/18) [2020] ZALCJHB 265 (8 July 2020)

Court

Labour Court Johannesburg

Case number

JR2063/18

Judge

Nkutha-Nkontwana

The Labour Court dismissed Freshmark’s review of a CCMA jurisdictional ruling, finding the challenge moot and no just and equitable basis to intervene.

• Jurisdiction Of Ccma
• Review Of Arbitration Ruling
• Secondary Strike
• Unfair Dismissal
• Section 158 1b Lra
• Labour-law

Ntombela and Others v United National Transport Union and Others (D 1724 / 2018)

Ntombela and Others v United National Transport Union and Others (D 1724 / 2018) [2018] ZALCD 23; (2019) 40 ILJ 874 (LC) (6 November 2018)

Court

Labour Court Durban

Case number

D 1724 / 2018

Judge

S Snyman

The Labour Court dismissed the application for urgent relief, finding that the applicants failed to establish proper urgency or exceptional circumstances justifying intervention in incomplete CCMA arbitration proceedings. The urgency was self-created, as the applicants delayed bringing the application and had already secured a postponement. The applicants could obtain substantial redress in due course by participating in the arbitration and, if dissatisfied, pursuing review thereafter. The commissioner was not functus officio, as his initial jurisdictional ruling was provisional and subject t…

Source excerpt

• Urgent Interdict
• Functus Officio
• Review Of Arbitration Ruling
• Section 158 1b Lra
• Unfair Labour Practice
• Arbitration Postponement