South Africa Case Law

Tau Phalane Incorporated Attorneys v Commission for Conciliation, Mediation and Arbitration and Others (JR700/23)

Tau Phalane Incorporated Attorneys v Commission for Conciliation, Mediation and Arbitration and Others (JR700/23) [2025] ZALCJHB 169 (10 April 2025)

Court

Labour Court Johannesburg

Case number

JR700/23

Judge

P.H. Kirstein

The Court found that the third respondent's remuneration during the relevant period exceeded the statutory threshold prescribed under section 6(3) of the BCEA. As a result, the CCMA lacked jurisdiction to entertain her claim for outstanding remuneration under section 73A. The second respondent's arbitration award was therefore issued without jurisdiction and must be reviewed and set aside. The Court further determined that the applicant had materially complied with service requirements and that no prejudice was suffered by the third respondent. Given the jurisdictional defect, the other revie…

Source excerpt

• Jurisdiction Of Ccma
• Earnings Threshold Bcea
• Review Of Arbitration Award
• Section 73a Bcea
• Service Of Process
• Costs In Labour Court

Nhlapo v Department of Health Free State (JS489/2022)

Nhlapo v Department of Health Free State (JS489/2022) [2024] ZALCJHB 498 (10 December 2024)

Court

Labour Court Johannesburg

Case number

JS489/2022

Judge

RN Daniels

The court held that it lacks jurisdiction to adjudicate the plaintiff's claim because the dispute concerns the application of a collective agreement (Resolution 3 of 2007). Section 24 of the LRA requires such disputes to be resolved by arbitration, and section 157(5) of the LRA expressly excludes Labour Court jurisdiction in these circumstances. Section 73A of the BCEA does not override this requirement, as it applies only to claims for unpaid amounts where the dispute does not involve the interpretation or application of a collective agreement. The court distinguished this case from Kgasane,…

Source excerpt

• Collective Agreement Interpretation
• Jurisdiction Of Labour Court
• Section 73a Bcea
• Section 24 Lra
• Earnings Threshold
• Arbitration Procedure

Kgasane v MEC Department of Health Free State and Another (C507/2022)

Kgasane v MEC Department of Health Free State and Another (C507/2022) [2024] ZALCCT 57; (2025) 46 ILJ 359 (LC) (19 November 2024)

Court

Labour Court Cape Town

Case number

C507/2022

Judge

RN Daniels

The Labour Court held it had jurisdiction over a claim for accrued leave pay under section 73A of the BCEA and dismissed the defendants’ jurisdictional challenge.

• Jurisdiction Of Labour Court
• Collective Agreement Enforcement
• Section 73a Bcea
• Section 157 5 Lra
• Remuneration Claims
• Labour-court-jurisdiction