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South Africa decisions
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Railway Safety Regulator v Mabanga and Others (2025/019807) [2025] ZALCJHB 122 (25 March 2025)
The Labour Court granted an urgent interim interdict staying CCMA arbitration pending review of a condonation ruling on jurisdiction.
Department of Health Gauteng Province and Another v Tenteni and Others (J01/2024) [2024] ZALCJHB 85 (27 February 2024)
The Labour Court found that the applicants failed to act with the required urgency, having been aware since March 2022 of the need to review the disciplinary sanction but only filing the application in January 2024. The explanation for the delay was inadequate and unconvincing, amounting to self-created urgency. The court emphasized that urgency is not automatic due to constitutional duties or exclusive jurisdiction, and that applicants must act diligently and promptly. The absence of a condonation application for late filing further undermined the case for urgency. Additionally, the applican…
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Radebe and Others v Aurum Institute (C662/2023) [2023] ZALCCT 66; (2024) 45 ILJ 876 (LC) (22 December 2023)
The Labour Court struck an urgent application off the roll, finding the applicants delayed too long and that any urgency was self-created.
Naidoo and Others v Safetyand Security Sectorial Bargaining Council (SSSBC) and Others - Urgency (D216/2023) [2023] ZALCD 15 (17 August 2023)
Labour Court struck an urgent application from the roll, finding self-created urgency and no basis for damages or related relief against the SSSBC.
Modipa v Road Accident Fund (J942/23) [2023] ZALCJHB 225 (10 July 2023)
The court found that the correct test for urgency in applications under section 189A(13) of the LRA is the statutory one provided in section 189A(17)(a), not the general test under rule 8. The applicant received lawful notice of termination on 25 April 2023, as the letter provided two months' notice pay in lieu of notice, in compliance with the BCEA. The subsequent correspondence did not withdraw or negate the original notice. The application was launched more than 30 days after the notice was given, and the applicant failed to show good cause for condonation of the delay. The authorities cit…
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Shema v Ditsobotla Local Municipality and Others (J479/2023) [2023] ZALCJHB 128 (24 March 2023)
The court found that the applicant's urgent application was premature, as he failed to first raise his objections regarding the lawfulness of the disciplinary proceedings and the authority of the chairperson with the presiding officer of the second enquiry. The applicant had successfully obtained a favourable ruling in the first enquiry by raising his objections internally, demonstrating that such an approach was not futile. The court held that the proper procedure was to address these issues with the chairperson and, if necessary, seek recusal or stay of proceedings before approaching the La…
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Duze v Mhlathuze Water (D 277/22) [2022] ZALCD 39 (30 June 2022)
The Labour Court struck an urgent application off the roll, finding the applicant had created the urgency and shown no exceptional basis to intervene.
Tshani and Others v DHL Supply Chain South Africa (Pty) Ltd (J132/22) [2022] ZALCJHB 151 (30 May 2022)
The Labour Court dismissed an application for leave to appeal against an order refusing section 189A(13) relief, finding no reasonable prospects of a different outcome.
Department of Health, North West v Public Health and Social Development Sectoral Bargaining Council (PHSDSBC) and Others (J 521/22) [2022] ZALCJHB 129 (10 May 2022)
Urgent Labour Court application struck off for lack of urgency. The court refused to intervene in incomplete arbitration proceedings and made no costs order.
Masete v Transnet Bargaining Council and Others (J 554/2021) [2021] ZALCJHB 153 (16 July 2021)
The Labour Court struck an urgent application from the roll, holding that the applicant’s bid to stay disciplinary proceedings was self-created urgency.
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