South Africa Case Law

Antonio v Commission for Conciliation, Mediation and Arbitration and Others (JR1110/15)

Antonio v Commission for Conciliation, Mediation and Arbitration and Others (JR1110/15) [2018] ZALCJHB 351 (30 October 2018)

Court

Labour Court Johannesburg

Case number

JR1110/15

Judge

Rabkin-Naicker

The Labour Court dismissed a review of a CCMA ruling, holding that the CCMA lacked jurisdiction over an employment dispute tied to an Angolan branch.

• Jurisdiction Of Ccma
• Territorial Application Of Lra
• Employment Contract Interpretation
• Choice Of Law Clause
• Ccma-jurisdiction
• Territorial-application-of-lra

Monare v South African Tourism and Others (JR2298/11)

Monare v South African Tourism and Others (JR2298/11) [2014] ZALCJHB 144 (30 April 2014)

Court

Labour Court Johannesburg

Case number

JR2298/11

Judge

Van Niekerk

The court held that the applicant was recruited and employed outside South Africa, worked and was dismissed in London, and had no right to return to South Africa for employment. The CCMA's jurisdiction is determined by the location of the employer's undertaking in which the employee works. Applying the principles from Astral Operations, the court found that the respondent's London operation constituted the relevant undertaking, and thus the CCMA had no jurisdiction. The applicant's attempt to introduce new facts did not alter this conclusion, and there was no reasonable prospect that another…

Source excerpt

• Ccma Jurisdiction
• Unfair Dismissal
• Territorial Application Of Lra