South Africa Case Law

Ngebe v Cfao Motors (Pty) Ltd t/a Buffalo Toyota Automark (PS 17/22)

Ngebe v Cfao Motors (Pty) Ltd t/a Buffalo Toyota Automark (PS 17/22) [2024] ZALCPE 19 (21 May 2024)

Court

Labour Court Port Elizabeth

Case number

PS 17/22

Judge

Thys

The court held that, in light of recent appellate authority, the 90-day referral period in section 136(1) of the LRA applies to unfair discrimination disputes under the EEA. The applicant's referral was 33 days late, and no formal condonation application was filed. The court cannot entertain an oral condonation application; a formal affidavit is required under Rule 7. Jurisdiction is lacking absent condonation, and the matter must be removed from the roll. Costs are not awarded, as the jurisdictional issue was not raised by the respondents and fairness dictates no adverse costs order.

Source excerpt

• Employment Equity Act
• Unfair Discrimination
• Jurisdiction
• Condonation
• Statutory Time Limits

SAMWU obo Moloisane and Others v City of Tshwane Local Municipality and Others (JR850/19)

SAMWU obo Moloisane and Others v City of Tshwane Local Municipality and Others (JR850/19) [2021] ZALCJHB 271 (9 September 2021)

Court

Labour Court Johannesburg

Case number

JR850/19

Judge

Prinsloo

The Labour Court found that the review application was filed outside the statutory six-week period prescribed by section 145(1)(a) of the Labour Relations Act, as the award was served on the Applicant on 15 March 2019 and the application was only filed with the Registrar on 2 May 2019. The Applicant failed to apply for condonation for the late filing, despite repeated notice from the Respondent and the Court. The absence of an application for condonation constitutes a jurisdictional defect, depriving the Court of authority to adjudicate the review application or any related applications. The…

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• Review Of Arbitration Award
• Condonation For Late Filing
• Jurisdiction Of Labour Court
• Statutory Time Limits

SAPU obo Sekati v Sithole NO and Others (JR1127/17)

SAPU obo Sekati v Sithole NO and Others (JR1127/17) [2019] ZALCJHB 322 (29 October 2019)

Court

Labour Court Johannesburg

Case number

JR1127/17

Judge

Van Niekerk

The Labour Court refused condonation for a 216-day late review of an arbitration award, finding the delay inadequately explained and dismissing the review.

• Condonation
• Unfair Labour Practice
• Promotion Dispute
• Review Of Arbitration Award
• Statutory Time Limits
• Labour-review

NEHAWU obo Matiyane v Shear NO and Others (JR1376/15)

NEHAWU obo Matiyane v Shear NO and Others (JR1376/15) [2019] ZALCJHB 136 (15 February 2019)

Court

Labour Court Johannesburg

Case number

JR1376/15

Judge

Van Niekerk

The delay in filing the review application was inordinate, and the explanation provided by the applicant and her union was wholly unsatisfactory. The union officials were aware of the statutory six-week time limit but failed to comply, and their affidavits were either ignorant of the law or misleading. In accordance with established legal principles, where there is a gross failure to comply with the rules and no reasonable explanation for the delay, prospects of success are immaterial. Even if considered, the applicant's prospects were not so overwhelming as to outweigh the significant delay…

Source excerpt

• Condonation
• Late Filing Of Review
• Arbitration Award
• Unfair Dismissal
• Statutory Time Limits

Amandla GCF Construction CC and Another v Municipality Manager of Saldanha Bay Municipalityand Others (3563/2018)

Amandla GCF Construction CC and Another v Municipality Manager of Saldanha Bay Municipalityand Others (3563/2018) [2018] ZAWCHC 77; 2018 (6) SA 63 (WCC) (22 June 2018)

Court

Western Cape High Court, Cape Town

Case number

3563/2018

Judge

N P Boqwana

The court held that section 62 of the Municipal Systems Act does not confer any discretion on the Municipality or its officials to extend the statutory 21-day period for lodging an appeal. The language and structure of section 62 indicate a legislative intent for appeals to be dealt with swiftly and within fixed timeframes. The Municipal Manager acted ultra vires in extending the appeal period, and the subsequent appeal and award to the second respondent were invalid. The court rejected arguments that constitutional principles of fairness or inherent powers could override the statutory deadli…

Source excerpt

• Municipal Tender Awards
• Statutory Time Limits
• Ultra Vires
• Internal Appeals
• Preferential Procurement

POPCRU obo Palm v Van Aarde NO and Others (JR482/14)

POPCRU obo Palm v Van Aarde NO and Others (JR482/14) [2017] ZALCJHB 193 (13 March 2017)

Court

Labour Court Johannesburg

Case number

JR482/14

Judge

Van Niekerk

The Labour Court refused condonation for a review filed over two years late, finding the union’s explanation unsatisfactory and dismissing the matter with costs.

• Condonation
• Review Application
• Statutory Time Limits
• Union Representation
• Costs Order
• Labour-review

Moloto v Commission for Conciliation, Mediation and Arbitration and Others (JR2755/15)

Moloto v Commission for Conciliation, Mediation and Arbitration and Others (JR2755/15) [2017] ZALCJHB 180 (14 February 2017)

Court

Labour Court Johannesburg

Case number

JR2755/15

Judge

Van Niekerk

The Labour Court refused condonation for a late review application, finding the applicant’s explanation for the delay unsatisfactory and dismissing the review.

• Condonation
• Review Of Arbitration Award
• Late Filing
• Practice Manual
• Statutory Time Limits
• Late-filing

SACCAWU obo Mogale and Others v Commission for Conciliation, Mediation and Arbitration and Others (JR1520/12)

SACCAWU obo Mogale and Others v Commission for Conciliation, Mediation and Arbitration and Others (JR1520/12) [2016] ZALCJHB 532 (6 September 2016)

Court

Labour Court Johannesburg

Case number

JR1520/12

Judge

Van Niekerk

The Labour Court refused condonation for a late review application, finding the union’s explanation for the delay unsatisfactory and dismissing the review.

• Condonation
• Late Filing Of Review
• Arbitration Award
• Statutory Time Limits
• Late-filing
• Ccma-review

Cold Chain (Pty) Ltd v Mooi NO and Others (J1053/13)

Cold Chain (Pty) Ltd v Mooi NO and Others (J1053/13) [2016] ZALCJHB 222 (30 June 2016)

Court

Labour Court Johannesburg

Case number

J1053/13

Judge

Howes

The Labour Court dismissed a review application brought about 19 months late, finding no compelling explanation for the delay and refusing condonation.

• Condonation
• Review Of Arbitration Award
• Unfair Dismissal
• Statutory Time Limits
• Review-of-arbitration-award
• Unfair-dismissal

Borotho v Commission For Conciliation, Mediation and Arbitration and Others (JR 539/13)

Borotho v Commission For Conciliation, Mediation and Arbitration and Others (JR 539/13) [2014] ZALCJHB 250 (10 July 2014)

Court

Labour Court Johannesburg

Case number

JR 539/13

Judge

Seedat

The Labour Court refused condonation for a review filed 419 days late, finding the delay excessive and the explanation unsatisfactory.

• Condonation
• Late Filing
• Review Of Arbitration Award
• Jurisdiction
• Statutory Time Limits
• Late-filing