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South Africa decisions
Decisions matching the current search
Piktup (Soc) Ltd v Mokele (JR646/23) [2025] ZALCJHB 177 (2 May 2025)
The Labour Court held the review was not deemed withdrawn, granted condonation for Practice Manual non-compliance, and dismissed an application to compel security.
Govender v Department of Roads and Transport and Another (J904/2024) [2025] ZALCJHB 16 (17 January 2025)
The applicant failed to prove beyond reasonable doubt that the respondents' non-compliance with the certified arbitration award was wilful and mala fide. Although the second respondent did not attend court as required, his absence was based on a bona fide but mistaken belief regarding the rules. The respondents discharged their evidentiary burden by creating reasonable doubt as to wilfulness and mala fides. The review application was reinstated, and security was provided, further undermining the applicant's case for contempt. The court found no basis to hold the respondents in contempt and de…
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Department of Health Kwa Zulu-Natal v Public Health and Social Development Sectoral Bargaining Council and Others (D447/24) [2024] ZALCD 44 (29 October 2024)
The court found that the security instrument provided by the applicant did not constitute proper security as contemplated by section 145(7) and (8) of the Labour Relations Act and relevant case law. The instrument was, at best, an acknowledgement of debt and did not protect the third respondent's interests should the review and any appeal fail. The court held that state entities are not automatically excused from providing security and must comply with statutory requirements. However, the court exercised its discretion to grant a short stay of enforcement, conditional upon the applicant provi…
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Bhekani Abantu Services (Pty) Ltd v Redelinghuys and Others (J145/24) [2024] ZALCJHB 102; (2024) 45 ILJ 1242 (LC) (4 March 2024)
The Labour Court rejected motor vehicles as inadequate security for a review stay, but allowed the employer 21 days to provide acceptable security by paying the award into its attorneys' trust account.
Lambons (Pty) Ltd t/a Lambons Peugot (Pty) Ltd v Barker and Others (J631/17) [2017] ZALCJHB 124 (25 April 2017)
The Labour Court granted an urgent stay of execution of an arbitration award pending review after finding that security had been provided under the LRA.
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