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South Africa decisions
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Mothbi and Others v Brand Line Packaging (Pty) Ltd (JS971/2020) [2024] ZALCJHB 440 (6 November 2024)
The Labour Court dismissed a rescission application after the applicants failed to show the default order was erroneously granted or explain their absence.
Govender v Gauteng Provincial Government: Department of Roads and Transport (J677/23; J952/23) [2023] ZALCJHB 325; [2024] 3 BLLR 298 (LC) (24 November 2023)
The Labour Court dismissed an application to vary its earlier judgment, finding no ambiguity or patent error and holding the matter was finalised when judgment was granted.
Electprops 97 (Pty) Ltd t/a Manhour and Another v UCIMESHAWU obo Khosa and Others; In re: ICUMESHAWU obo Khosa and Others v Roots Butchery CC and Another (JS836/14) [2018] ZALCJHB 297 (20 September 2018)
The Labour Court rescinded a default judgment after finding the applicants had not been properly served and were unaware of the proceedings.
Cullinan Diamond Mine (Pty) Ltd v Pienaar NO and Others (JR483/11) [2017] ZALCJHB 256 (4 July 2017)
The Labour Court dismissed a lis pendens objection and corrected an obvious order error, varying an earlier judgment to reflect that the arbitration award was reviewed and set aside.
South African Municipal Workers Union and Another v South African Local Government Bargaining Council and Others (J1201/13) [2014] ZALCJHB 15; (2014) 35 ILJ 2528 (LC) (7 February 2014)
The Labour Court dismissed an application to vary a prior order, finding no ambiguity or error where the requested relief had not included reinstatement or compensation.
Ramadiba v Limpopo Legislature and Others (J 2568/2010) [2011] ZALCJHB 250 (20 December 2011)
The court found that the applicant's attorney's failure to notify the First Respondent's attorneys of the change in hearing date was a lapse in professional judgment but did not rise to the level of vexatious or grossly negligent conduct required for a costs order de bonis propris. The circumstances, including the Registrar's advice and lack of response from the First Respondent's attorneys, could have led to a false sense of security. The court held that the appropriate costs order was on an attorney and client scale, not de bonis propris. Furthermore, the applicant's main application was fo…
Source excerpt
Marathon Earthmovers v Commisssion for Conciliation, Mediation and Arbitration and Others (J3077/98) [1999] ZALC 94 (11 June 1999)
The Labour Court dismissed rescission and review applications against a CCMA arbitration award, holding that no proper basis was shown to upset the court order or the award.
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