South Africa Case Law

Mogale City Local Municipality v IMATU obo Moreki and Others (JR1611/16)

Mogale City Local Municipality v IMATU obo Moreki and Others (JR1611/16) [2020] ZALCJHB 12 (29 January 2020)

Court

Labour Court Johannesburg

Case number

JR1611/16

Judge

C Mogane

The court found that the missing portions of the arbitration record were material to the determination of the review application. The applicant took all reasonable steps to reconstruct the record, but was thwarted by circumstances beyond its control, including the unavailability and eventual departure of the commissioner. The respondent's criticisms regarding the applicant's diligence were unfounded, as the applicant consistently attempted to facilitate reconstruction and kept the respondent informed. The inability to reconstruct the record was not due to the applicant's fault. In such circum…

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• Review Of Arbitration Award
• Dismissal For Lack Of Prosecution
• Remittal For De Novo Hearing
• Reconstruction Of Record
• Section 158 Application

PLSMIDTH Buffalo (Pty) Ltd v Hlakola (DA13/17)

PLSMIDTH Buffalo (Pty) Ltd v Hlakola (DA13/17) [2018] ZALAC 40; (2019) 40 ILJ 527 (LAC); [2019] 4 BLLR 363 (LAC) (29 November 2018)

Court

Labour Appeal Court

Case number

DA13/17

Judges

Waglay JP, Phatshoane ADJP, Hlophe AJA

The Labour Appeal Court held that the Labour Court properly made a clear arbitration award an order of court under section 158(1)(c) of the LRA.

• Enforcement Of Arbitration Award
• Section 158 Application
• Judicial Discretion
• Unfair Dismissal
• Delay In Enforcement
• Labour-law

Bopape v Mintek SOC Ltd (J660/16)

Bopape v Mintek SOC Ltd (J660/16) [2018] ZALCJHB 244; [2018] 10 BLLR 1007 (LC) (10 July 2018)

Court

Labour Court Johannesburg

Case number

J660/16

Judge

Mahosi

The court held that the applicant's claim for remuneration after the date of reinstatement is not covered by the arbitration award, which only revived the contract of employment and entitled her to back pay up to the date of reinstatement. The respondent complied with the award by paying the ordered back pay. Any claim for remuneration after reinstatement is contractual and must be pursued separately in the civil courts or under section 77 of the Basic Conditions of Employment Act. Therefore, the applicant failed to establish partial compliance with the award and is not entitled to have the a…

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• Section 158 Application
• Arbitration Award Enforcement
• Reinstatement
• Back Pay
• Contractual Claims

Free State Gambling and Liquor Authority v Motane NO and Others (JR1130/16; J23/15)

Free State Gambling and Liquor Authority v Motane NO and Others (JR1130/16; J23/15) [2017] ZALCJHB 88 (10 March 2017)

Court

Labour Court Johannesburg

Case number

JR1130/16; J23/15

Judge

E Tlhotlhalemaje

The court found that the commissioner’s refusal to grant a postponement was reasonable and unassailable. The applicant failed to provide a full and satisfactory explanation for its witness’s absence and did not act bona fide. The commissioner exercised his discretion judicially, considering the previous postponement, the lack of substantive evidence, and the need for expeditious dispute resolution under the LRA. The rescission application was correctly declined for lack of jurisdiction, as the applicant was present at the arbitration but chose not to participate further after the postponement…

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• Postponement Of Arbitration
• Review Of Arbitration Award
• Rescission Of Award
• Unfair Dismissal
• Section 158 Application

Mtolo v Merrivale Spar (D790/2012, D150/12)

Mtolo v Merrivale Spar (D790/2012, D150/12) [2016] ZALCD 23 (16 November 2016)

Court

Labour Court Durban

Case number

D790/2012, D150/12

Judge

Cele

The Labour Court made a CCMA settlement agreement an order of court after finding the employer failed to reinstate the applicant as agreed.

• Section 158 Application
• Settlement Agreement Enforcement
• Reinstatement
• Variation Of Agreement
• Labour-law
• Ccma-settlement-agreement

Seepe v Thermadyne Plant Rental and Another (J1013/2011)

Seepe v Thermadyne Plant Rental and Another (J1013/2011) [2016] ZALCJHB 186 (5 April 2016)

Court

Labour Court Johannesburg

Case number

J1013/2011

Judge

AH Shene

The Labour Court held that it is not competent to join a party to proceedings after a final order has been handed down, particularly where the party was not cited in the original referral to the CCMA. The applicant failed to comply with section 191 of the Labour Relations Act, which requires referral of a dispute to conciliation before adjudication. The authorities confirm that joinder is only permissible before judgment, and joining a party post-judgment would prejudice its rights without a hearing. The application for joinder was therefore dismissed.

Source excerpt

• Joinder Of Parties
• Unfair Dismissal
• Section 158 Application
• Section 191 Referral

Eloff Sand en Klipwerke CC v Solidarity obo De Kock and Others (J1537/12)

Eloff Sand en Klipwerke CC v Solidarity obo De Kock and Others (J1537/12) [2016] ZALCJHB 115 (24 March 2016)

Court

Labour Court Johannesburg

Case number

J1537/12

Judge

Lagrange

The Labour Court dismissed an application to rescind a default order, finding no reasonable explanation for the applicant’s default and no basis to disturb the earlier order.

• Rescission Of Judgment
• Default Judgment
• Arbitration Award Enforcement
• Section 158 Application
• Rescission-of-judgment
• Default-judgment

Khumhold Wholesale Foods & Commodities (Pty) Ltd v Wilsenach and Another (J625/13)

Khumhold Wholesale Foods & Commodities (Pty) Ltd v Wilsenach and Another (J625/13) [2016] ZALCJHB 265 (25 February 2016)

Court

Labour Court Johannesburg

Case number

J625/13

Judge

Hardie

The court found that although the applicant's delay in filing the answering affidavit was substantial and the explanation for the delay was less than satisfactory, the importance of the issues raised in the applicant's defence and its apparent prospects of success compensated for the delay. The applicant's defences, if valid, could be dispositive of the case. The respondents should have anticipated a dispute of fact and made their referral under Rule 6. In the interests of justice, the main application is referred for oral evidence under Rule 7(8)(b), and the affidavits are to be treated as s…

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• Condonation
• Late Filing Of Affidavit
• Section 158 Application
• Oral Evidence
• Labour Court Rules

Edcon (Pty) Limited v Commission for Conciliation, Mediation and Arbitration and Others; In re: Thulare and Others v Edcon (Pty) Limited (JR698/2013; J271/2015)

Edcon (Pty) Limited v Commission for Conciliation, Mediation and Arbitration and Others; In re: Thulare and Others v Edcon (Pty) Limited (JR698/2013; J271/2015) [2015] ZALCJHB 392; (2016) 37 ILJ 434 (LC) (13 November 2015)

Court

Labour Court Johannesburg

Case number

JR698/2013; J271/2015

Judge

Bank

Edcon failed to provide a reasonable explanation for its prolonged default in prosecuting the review application, offering only a thin account of staff departures and no justification for the lengthy delay. Its prospects of success on review were found to be weak, as the Commissioner had properly analysed the evidence and there was no credible challenge to his findings regarding the absence of a clear workplace rule or dishonesty. The Practice Manual's provisions regarding deemed archiving are enforceable and require good cause for revival, which Edcon did not establish. The interests of just…

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• Review Of Arbitration Award
• Practice Manual Enforcement
• Good Cause Standard
• Section 158 Application
• Dismissal For Want Of Prosecution

NUMSA obo Khumalo v M&D Specialised Fasteners CC (J2332/10)

NUMSA obo Khumalo v M&D Specialised Fasteners CC (J2332/10) [2015] ZALCJHB 28 (22 January 2015)

Court

Labour Court Johannesburg

Case number

J2332/10

Judge

Mothibi

The Labour Court condoned an unsigned notice of motion, rejected a prescription defence, and made a certified arbitration award an order of court.

• Section 158 Application
• Arbitration Award Enforcement
• Prescription
• Noncompliance With Court Rules
• Labour-law
• Arbitration-award-enforcement