South Africa Case Law

Masilela T.P v Exxaro Coal (Pty) Ltd Leeuwpan Coal and Others (JR 2158/19)

Masilela T.P v Exxaro Coal (Pty) Ltd Leeuwpan Coal and Others (JR 2158/19) [2024] ZALCJHB 382 (8 October 2024)

Court

Labour Court Johannesburg

Case number

JR 2158/19

Judge

S.B. Nhlapo

The court found that the delay in filing the rescission application was not excessive and the reasons provided were adequate, thus condonation was granted. However, the applicant failed to establish that he was not properly represented or served in the review proceedings. The NUM, acting on the applicant's behalf, filed a notice of intention to oppose and appointed attorneys who appeared in court and confirmed the matter was unopposed. The court held that the first respondent followed proper procedures in serving documents and setting the matter down. The applicant's assertion that he did not…

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• Rescission Of Judgment
• Condonation
• Service Of Process
• Trade Union Representation
• Review Of Arbitration Award

Ferroland Ground Trust (Pty) Ltd v Commission For Conciliation Mediation And Arbitration (JR194/20)

Ferroland Ground Trust (Pty) Ltd v Commission For Conciliation Mediation And Arbitration (JR194/20) [2024] ZALCJHB 273 (25 July 2024)

Court

Labour Court Johannesburg

Case number

JR1942/20

Judge

Luthuli

The Labour Court reviewed and set aside a CCMA award, finding the dismissal of a shop steward for dishonesty was procedurally and substantively fair.

• Unfair Dismissal
• Trade Union Representation
• Procedural Fairness
• Substantive Fairness
• Disciplinary Code
• Dishonesty

Nkosi v Prestige Pressing and Components (PTY) Ltd (JS466/20)

Nkosi v Prestige Pressing and Components (PTY) Ltd (JS466/20) [2022] ZALCJHB 224 (18 August 2022)

Court

Labour Court Johannesburg

Case number

JS466/20

Judge

Nkutha-Nkontwana

The applicant was a member of AUSA, a recognized trade union, and was represented during the section 189A consultation process. The retrenchment agreement concluded as a result of this process constitutes a collective agreement under section 213 of the LRA and is binding on the applicant in terms of section 23(1)(b). The applicant did not challenge the validity of the collective agreement, and therefore cannot seek relief from its consequences in this forum. The Labour Court lacks jurisdiction to entertain the claim as all issues in dispute were resolved by the binding collective agreement.

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• Collective Agreement
• Retrenchment
• Section 189a Consultation
• Jurisdiction
• Trade Union Representation

Mutliquip (Pty) Ltd and Another v National Union of Metal Workers of South Africa (NUMSA) and Others (D477/20)

Mutliquip (Pty) Ltd and Another v National Union of Metal Workers of South Africa (NUMSA) and Others (D477/20) [2021] ZALCD 67 (17 August 2021)

Court

Labour Court Durban

Case number

D477/20

Judge

Whitcher

The Labour Court does not have the power to declare its own previous orders a nullity except in narrowly defined circumstances such as fraud or justus error, neither of which were pleaded or proven by the applicants. The applicants failed to identify any right under the LRA or common law to sustain their claim for rescission. Policy considerations, including the need for finality in labour disputes and the accountability of counsel, preclude reopening settled litigation. The compromise reached by settlement agreement terminated any original rights or defences, and the applicants cannot now ra…

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• Rescission Of Judgment
• Settlement Agreement
• Trade Union Representation
• Justus Error
• Compromise Of Rights

Lepota v Lonmin Platinum Mine (JS920/16)

Lepota v Lonmin Platinum Mine (JS920/16) [2019] ZALCJHB 341 (3 December 2019)

Court

Labour Court Johannesburg

Case number

JS920/16

Judge

E Tlhotlhalemaje

Labour Court upheld Lonmin’s retrenchment of a mine employee, finding repeated consultation, alternative offers, and no proof of unfair dismissal.

• Retrenchment
• Operational Requirements
• Consultation Process
• Alternative Employment
• Trade Union Representation
• Operational-requirements

Makofane and Others v Tubular Construction Projects (Pty) Ltd; In re: AMCU obo Luthuli and Others v Tubular Construction Projects (Pty) Ltd (JS761/15)

Makofane and Others v Tubular Construction Projects (Pty) Ltd; In re: AMCU obo Luthuli and Others v Tubular Construction Projects (Pty) Ltd (JS761/15) [2019] ZALCJHB 364 (27 November 2019)

Court

Labour Court Johannesburg

Case number

JS761/15

Judge

Van Niekerk

The court held that although the applicants were dismissed under identical circumstances as the original applicants, they had referred separate disputes to conciliation and obtained separate certificates of outcome. None of the present applicants referred their disputes to the Labour Court for adjudication within the prescribed time limits. The statutory scheme under section 191 of the LRA requires each dispute to be separately referred to the court, and joinder cannot be used to circumvent these requirements. The application for joinder was dismissed, and the court declined to grant amendmen…

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• Joinder Of Parties
• Late Referral
• Section 191 Lra
• Trade Union Representation
• Amendment Of Citation

Anglo American Platinum Amandelbut Complex (Pty) Ltd v Pooe and Others (JR2428/16)

Anglo American Platinum Amandelbut Complex (Pty) Ltd v Pooe and Others (JR2428/16) [2018] ZALCJHB 453; [2019] 6 BLLR 556 (LC) (7 September 2018)

Court

Labour Court Johannesburg

Case number

JR2428/16

Judge

Nkutha-Nkontwana

The court found that the applicant's preliminary objections regarding the authority and hearsay nature of the answering affidavit were without merit, as the union was entitled to act on behalf of its member and the confirmatory affidavit cured any technical defect. On the merits, the court held that the commissioner correctly found that the applicant failed to properly inform Mr Pooe of the details of the racial slur allegation, and that convicting him of a different form of discrimination would be procedurally unfair and constitute a mistrial. The commissioner’s findings on both insubordinat…

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• Review Of Arbitration Award
• Gross Insubordination
• Racial Slur
• Trade Union Representation
• Procedural Fairness

NUPSAW obo Sesoma and Others v Component Services (Pty) Ltd (JS719/10)

NUPSAW obo Sesoma and Others v Component Services (Pty) Ltd (JS719/10) [2018] ZALCJHB 154 (16 February 2018)

Court

Labour Court Johannesburg

Case number

JS719/10

Judge

Steenkamp

The Labour Court declared the applicant’s statement of claim an irregular step, set it aside, and dismissed the claim, with no order as to costs.

• Irregular Proceedings
• Statement Of Claim
• Trade Union Representation
• Rule 30 Application
• Labour-procedure
• Irregular-proceedings

Ndlela and Others v Smith and Others (JR935/15)

Ndlela and Others v Smith and Others (JR935/15) [2017] ZALCJHB 315 (29 August 2017)

Court

Labour Court Johannesburg

Case number

JR935/15

Judge

M Mthombeni

Labour Court review dismissed after finding the commissioner’s award was supported by the record and that the dismissal for dishonest overtime claims was fair.

• Unfair Dismissal
• Arbitration Review
• Procedural Fairness
• Dishonesty
• Trade Union Representation
• Labour-law

Tirisano Transport & Services Workers' Union obo Mnchunu and Others v Keuhne & Nagel (Pty) Ltd (JS944/2016)

Tirisano Transport & Services Workers' Union obo Mnchunu and Others v Keuhne & Nagel (Pty) Ltd (JS944/2016) [2017] ZALCJHB 232 (21 April 2017)

Court

Labour Court Johannesburg

Case number

JS944/2016

Judge

Steenkamp

The court found that the applicant's referral was 29 days out of time and that the explanation for the delay was inadequate, as the applicant relied on an incorrect legal interpretation regarding the calculation of days. The union's failure to provide a schedule of individual applicants did not deprive the court of jurisdiction, but the union was the author of its own misfortune due to inaction and poor legal advice. The prospects of success were poor, as the union did not participate in the recruitment process, and there was no sufficient explanation for the delay. The application for condon…

Source excerpt

• Condonation
• Late Referral
• Section 191 Lra
• Trade Union Representation
• Costs Order