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South Africa Case Law

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Labour Law [2016] ZALCJHB 186

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
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Labour Law [2001] ZALC 116

Zeelie v Price Forbes Northern Province (J837/98)

Zeelie v Price Forbes Northern Province (J837/98) [2001] ZALC 116; (2001) 22 ILJ 2075 (LC) (2 August 2001)

Court
Labour Court
Case number
J837/98
Judge
Jali

The Labour Court held that section 158(2) of the Labour Relations Act does not apply to matters referred to the Labour Court by the CCMA Director under section 191(6). The section is intended for cases where the referral to the Labour Court was made in error, not where it was made intentionally following an application. The decision of the CCMA Director is final and not subject to review, and referring the matter back to the CCMA would undermine the legislative intent and the effective resolution of disputes. The court also noted the absence of reasons from the CCMA Director for the referral…

Source excerpt

  • Jurisdiction Of Labour Court
  • Referral To Ccma
  • Dismissal For Misconduct
  • Section 158 Application
  • Section 191 Referral
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Labour Law [2000] ZALC 139

Chemical Workers Industrial Union v Polifin Limited (J2525/98)

Chemical Workers Industrial Union v Polifin Limited (J2525/98) [2000] ZALC 139; (2001) 22 ILJ 682 (LC) (30 November 2000)

Court
Labour Court
Case number
J2525/98
Judge
Sutherland

The court found that the five individual applicants were not included in the dispute referred to the CCMA for conciliation on 21 June 1997. The referral and subsequent conciliation process related exclusively to the PVC Division, and there was no objective indication that the Polyethylene Division or the five applicants were part of the dispute. The union organiser's subjective intention and testimony were insufficient to establish that the applicants' retrenchment was encompassed by the referral. The Labour Relations Act requires that a dismissal dispute be referred for conciliation as a jur…

Source excerpt

  • Unfair Dismissal
  • Conciliation Requirement
  • Jurisdiction Of Labour Court
  • Section 189 Retrenchment
  • Section 191 Referral
  • Costs Award
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.