South Africa Case Law

Steve Tshwete Local Municipality v Commissioner M E Phooko N. O and Others (JR 1796/17)

Steve Tshwete Local Municipality v Commissioner M E Phooko N. O and Others (JR 1796/17) [2023] ZALCJHB 18 (7 February 2023)

Court

Labour Court Johannesburg

Case number

JR 1796/17

Judge

GN Moshoana

The Labour Court set aside a commissioner’s variation ruling, holding that the award was final and binding and could not be varied outside section 144 of the LRA.

• Functus Officio
• Variation Of Arbitration Award
• Unfair Labour Practice
• Settlement Agreement
• Jurisdictional Error
• Functus-officio

Ludick v Vodacom (Proprietary) Limited and Others (C832/2019)

Ludick v Vodacom (Proprietary) Limited and Others (C832/2019) [2021] ZALCCT 65; (2021) 42 ILJ 2621 (LC); [2021] 12 BLLR 1226 (LC) (10 September 2021)

Court

Labour Court Cape Town

Case number

C832/2019

Judge

Lagrange

The court found that the arbitrator misdirected herself by treating the dispute as one of interpretation rather than ambiguity. The wording of the original award created uncertainty regarding the retrospective effect of reinstatement and the entitlement to backpay. The arbitrator's intention was to award reinstatement with six months' backpay, which necessarily implied retrospective reinstatement for that period. The failure to clearly express this in the award led to confusion and an impasse between the parties. The court held that the ruling must be set aside and the award varied to reflect…

Source excerpt

• Variation Of Arbitration Award
• Retrospective Reinstatement
• Backpay
• Ambiguity In Award
• Unfair Dismissal

City of Tshwane Metropolitan Municipality v IMATU obo Members (JR2769/16)

City of Tshwane Metropolitan Municipality v IMATU obo Members (JR2769/16) [2019] ZALCJHB 314 (15 November 2019)

Court

Labour Court Johannesburg

Case number

JR2769/16

Judge

Mabaso

The court found that the delay in delivering the notice of leave to appeal was not inordinate and condonation was granted. However, the application to dismiss the leave to appeal was struck off as the applicant may have been excused from strict compliance with the Practice Manual by the late Steenkamp J's directives. On the merits, the court held that there was no reasonable prospect that another court would reach a different conclusion regarding the order making the variation ruling an order of court, as the applicant had not disputed the relevant facts and had not taken the variation ruling…

Source excerpt

• Leave To Appeal
• Condonation
• Variation Of Arbitration Award
• Section 158 1 C Lra
• Practice Manual Compliance

IMATU obo Members v City of Tshwane Metropolitan Municipality (J2769/2016)

IMATU obo Members v City of Tshwane Metropolitan Municipality (J2769/2016) [2018] ZALCJHB 254 (3 May 2018)

Court

Labour Court Johannesburg

Case number

J2769/2016

Judge

Steenkamp

The Labour Court made a bargaining council variation ruling an order of court after finding the City had not complied with reinstating special festive-season leave.

• Unfair Labour Practice
• Special Leave
• Variation Of Arbitration Award
• Section 158 1 C Application
• Labour-law
• Unfair-labour-practice

Zulu v Commission for Conciliation Mediation and Arbitration and Others (JA37/04)

Zulu v Commission for Conciliation Mediation and Arbitration and Others (JA37/04) [2007] ZALAC 31 (11 December 2007)

Court

Labour Appeal Court

Case number

JA37/04

Judges

Tlaletsi, Zondo, Hendricks

The Labour Appeal Court struck the appeal off the roll after finding the appellant had failed to comply with appeal time limits and record-filing rules, without condonation.

• Unfair Dismissal
• Variation Of Arbitration Award
• Condonation
• Appeal Procedure
• Review Of Ccma Award
• Appeal-procedure