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South Africa decisions
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Maphosa v New Model Private College and Others (JR1731/21) [2025] ZALCJHB 302 (21 July 2025)
The Labour Court granted condonation to both parties and leave to appeal, finding the applicants had reasonable prospects on a section 198B Labour Relations Act issue.
National Health and Allied Workers Union obo Members v Bracks N.O and Others (JR1452/2021) [2025] ZALCJHB 27; (2025) 46 ILJ 1222 (LC) (23 January 2025)
The Labour Court reviewed an arbitration award and held that Section 198B of the LRA applies to CHW contracts, which were deemed indefinite.
Takenote Trading (Pty) Ltd v Commission for Conciliation, Mediation, and Arbitration and Others (JR1461/21) [2024] ZALCJHB 197 (24 January 2024)
Review of a CCMA award dismissed: the Labour Court held that section 198B applied and the applicant failed to prove a valid fixed-term contract.
Zama and Others v Isidingo Security Services and Others (JR566/23) [2024] ZALCJHB 5 (22 January 2024)
The court found that the commissioner misconstrued the nature of the applicants' claim for remuneration under section 198B(10) of the LRA by incorrectly applying the principles from Nama Khoi, which dealt with reinstatement and not remuneration claims. The applicants' delay in referring the dispute was not wilful, and they actively pursued their rights. The prospects of success in the main claim were very good, and the interests of justice required that condonation be granted. The commissioner’s ruling was therefore irrational and unjustifiable, and the Labour Court substituted the refusal of…
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Amalungelo Workers' Unions obo Jabulani and Others v Cilliers N.O and Others (JR 245/20) [2023] ZALCJHB 340 (29 November 2023)
Labour Court review of a CCMA jurisdiction ruling. Condonation was granted, but the review failed because the workers’ contracts had expired or the dispute concerned retrenchment.
Blue Hawk Tactical (Pty) Ltd v Commissioner Byrne N.O and Others (JR 1262/2022) [2023] ZALCJHB 83 (22 March 2023)
The Labour Court reviewed and set aside a CCMA award, holding that no dismissal occurred because a fixed-term contract simply expired and the CCMA lacked jurisdiction.
Umlalazi Municipality v Mucoque and Others (D57/19) [2022] ZALCD 49 (27 October 2022)
The court found that the arbitrator correctly applied section 198B of the Labour Relations Act, determining that the employee was deemed to be employed on a contract of indefinite duration due to the absence of a stipulated reason for the fixed term and the repeated renewals exceeding three months. The evidence showed that the employee continued to work and was remunerated after the expiration of the last signed contract, and the employer conceded there was still a need for her services. The arbitrator's finding that the termination constituted a dismissal and that it was procedurally and sub…
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Motsei and Others v General Public Service Sector Bargaining Council and Others (JR 38/2020) [2022] ZALCJHB 296 (26 October 2022)
The court found that the applicants failed to meet the raised threshold for leave to appeal under section 17(1) of the Superior Courts Act. The review of the interlocutory ruling was not properly brought via supplementary affidavit, but should have been a separate application. The applicants' earnings, as established by a prior settlement agreement and conceded at arbitration, placed them above the threshold in section 198B(2)(a) of the LRA, making section 198B inapplicable. The arbitrator correctly considered all relevant factors, including financial constraints and the applicants' acknowled…
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Motsei and Others v General Public Service Sector Bargaining Council and Others (JR 38/2020) [2022] ZALCJHB 253 (9 September 2022)
The Labour Court dismissed a review of a dismissal award, finding no proven expectation of renewal and no reviewable error in the arbitrator’s ruling.
Food and Allied Workers Union and Another v Commission for Conciliation and Arbitration and Others (P167/17) [2022] ZALCPE 2 (3 February 2022)
The Labour Court condoned a late review, but dismissed the challenge to an arbitration award because the applicants’ contracts were terminated under a collective agreement.
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