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South Africa decisions
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Festus v Department of Health (Western Cape) and Others (C106/15) [2018] ZALCCT 33 (18 September 2018)
The Labour Court dismissed a late application for condonation and leave to appeal, finding the delay excessive, the explanation poor, and no reasonable prospects of success.
Duncanmec (Pty) Limited v Gaylard NO and Others (CCT284/17) [2018] ZACC 29; 2018 (11) BCLR 1335 (CC); [2018] 12 BLLR 1137 (CC); 2018 (6) SA 335 (CC); (2018) 39 ILJ 2633 (CC) (13 September 2018)
The Constitutional Court held that an arbitrator reasonably reinstated employees who sang an offensive struggle song during an unprotected strike.
Belloord 28 CC v CCMA Johannesburg and Another (JR1499/17) [2018] ZALCJHB 112 (15 March 2018)
The applicant failed to establish any gross irregularity or misdirection on the part of the commissioner. The grounds for review were vague and did not meet the threshold required under section 145 of the Labour Relations Act. The commissioner correctly determined both procedural and substantive fairness, and the applicant did not challenge the scope of the arbitration during proceedings. The arbitrator's decision was reasonable and justified on the available evidence, as the applicant closed its case without presenting all relevant witnesses, and the version advanced by the second respondent…
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SACCAWU obo Mabitle v Commission for Conciliation, Mediation and Arbitration and Others (JR2704/2012) [2016] ZALCJHB 407 (18 October 2016)
The Labour Court dismissed condonation and review applications, finding the delay in filing the record was inadequately explained and the dismissal award was not unreasonable.
San Contracting Services (Pty) Ltd v Kganyago and Others (JR2720/13) [2016] ZALCJHB 476 (27 May 2016)
On review of an arbitration award, the Labour Court upheld reinstatement after assault dismissal, finding the commissioner could treat provocation as mitigation.
Department of Health (Western Cape) v DENOSA obo Cloete and Others (C235/14) [2016] ZALCCT 8; [2016] 9 BLLR 923 (LC); (2016) 37 ILJ 2398 (LC) (25 February 2016)
The court held that the arbitrator's decision to reinstate Cloete was not so unreasonable that no reasonable decision maker could have reached it. The arbitrator properly assessed the credibility and probabilities of the evidence, noting the lack of external corroboration for the complainant's version and the improbabilities in her account. The Department failed to provide objective evidence to support its allegations, and the contradictions and omissions in the complainant's and nurse Kalamdien's evidence undermined their credibility. The arbitrator's preference for Cloete's version was reas…
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Jacobs v CCMA and Others (J 1031/10) [2015] ZALCCT 15 (13 February 2015)
The court found that the arbitrator had carefully analysed the evidence, assessed the credibility of the witnesses, and made reasonable factual findings regarding the applicant's contravention of the employer's rule. The arbitrator's conclusion that dismissal was a fair sanction fell within the range of reasonable outcomes. The applicant failed to establish any grounds for review under the Sidumo test, as the award was not so unreasonable that no other arbitrator could have reached the same conclusion. The application for review was therefore dismissed.
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EBS Security Admin (Pty) Ltd v Commission for Conciliation, Mediation And Arbitration and Others (JR1314/13) [2014] ZALCJHB 522 (17 December 2014)
The Labour Court dismissed an unopposed review of a CCMA award because the applicant produced an incomplete, illegible record and made no attempt to reconstruct it.
Coca-Cola Shanduka Beverages SA (Pty) Ltd v Mgiba and Others (JR2791/08) [2014] ZALCJHB 362 (18 September 2014)
The court found that the applicant failed to demonstrate reasonable prospects that another court would reach a different conclusion regarding the review of the arbitration award. The grounds for leave to appeal were based on alleged misconstruction of evidence, incorrect findings of common cause facts, and misapplication of the legal test for review versus appeal. However, the arbitrator had properly considered the principal issues, evaluated the evidence, and reached a reasonable decision. The remedy of reinstatement was correctly applied, as the relationship of trust had not been affected a…
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Henred Fruehauf (Pty) Ltd and Another v Marcus NO and Others (JR2977/07) [2014] ZALCJHB 77; (2014) 35 ILJ 3147 (LC) (18 March 2014)
The Labour Court dismissed a review of a demarcation award on trailer and axle manufacturing, holding the CCMA commissioner’s MEIBC allocation was reasonable.
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