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South Africa decisions
Decisions matching the current search
Hlaneki v Anova Health Institute (JS260/2022) [2024] ZALCJHB 502 (11 December 2024)
The Labour Court dismissed a condonation application for a late unfair-dismissal referral, finding the delay unexplained, excessive, and unsupported by prospects of success.
South African Airways (SOC) Limited v South African Cabin Crew Association obo Members and Others (JR 604/23) [2024] ZALCJHB 19; (2024) 45 ILJ 887 (LC) (5 January 2024)
The Labour Court found that the unions' dispute was fundamentally rooted in the section 189A retrenchment process and not in an unfair labour practice as defined by section 186(2)(a) of the LRA. The unions' members either accepted new terms and conditions or participated in the training and layoff scheme, negating any cognisable unfair labour practice. The unions failed to prosecute their case diligently, causing repeated delays and failing to provide necessary documentation or sign the pre-arbitration minute. The commissioner committed a material error of law by finding he lacked the power t…
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GB Engineering Pty Ltd v Mbongo and Others (JA75 / 2022) [2023] ZALAC 29; [2024] 1 BLLR 14 (LAC); (2024) 45 ILJ 267 (LAC) (18 October 2023)
The Labour Appeal Court held that a settlement agreement concluded through NUMSA barred further dispute, and that the Labour Court lacked jurisdiction.
Sequiera v SSH Design (Pty) Ltd (C519/2019) [2021] ZALCCT 74 (12 October 2021)
The court found that the applicant failed to provide a reasonable and acceptable explanation for the excessive delay in referring her unfair dismissal dispute. The explanation offered was largely to blame her attorney, but the applicant herself was aware of the lateness and did not take sufficient steps to remedy it. The periods of delay were not adequately explained, and the court held that, in such circumstances, it is not necessary to consider the prospects of success in the main action. The application for condonation was therefore dismissed.
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SATAWU obo Mbewe and Others v Barloworld Logistics (EHL) (JS691/2015) [2017] ZALCJHB 458 (28 November 2017)
The Labour Court dismissed a condonation application over a 20-month delay in bringing an unfair dismissal claim, finding the explanation inadequate and the claim stale.
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