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South Africa decisions
Decisions matching the current search
Aveng Afrika (Pty) Limited v Mathupha Capital (Pty) Limited (1649/2022) [2025] ZAGPJHC 284 (14 March 2025)
The High Court made an arbitration award, as supplemented, an order of court, refused postponement and condonation, and ordered attorney-and-client costs.
Ngwethana Madumetja Security Services CC v CCMA and Others (JR2240/19) [2022] ZALCJHB 116 (13 May 2022)
The commissioner exceeded his powers by substituting the cited employer party without a proper application or notice to the affected party, in contravention of the CCMA Rules. The applicant was not afforded procedural fairness, as it was neither cited nor served with the referral forms or notice of set down. The variation ruling was made on a nullity, as the underlying award was invalid. Both the arbitration award and the variation ruling are susceptible to review and must be set aside. The dispute is remitted to the CCMA for a hearing de novo before a different commissioner.
Source excerpt
Ellerines Furnishers (Pty) Ltd v Commissioner for Conciliation, Mediation and Arbitration and Others (JR818/2011) [2014] ZALCJHB 185; (2015) 36 ILJ 215 (LC) (23 May 2014)
The Labour Court held that payment of an original CCMA compensation award did not perempt the employer’s right to review a later variation ruling.
Jusayo v Mudau N.O and Others (JR 1244/05) [2008] ZALC 34; [2008] 7 BLLR 668 (LC) ; (2008) 29 ILJ 2953 (LC) (26 March 2008)
The Labour Court set aside part of a CCMA award for failing to properly address reinstatement, dismissed the employer’s counter-review, and remitted reinstatement for reconsideration.
Lesedi Local Municipality v South African Municipal Workers Union obo Members (JR435/08) [2008] ZALCJHB 49 (11 March 2008)
The Labour Court held that the respondents’ planned strike was protected because a certificate of unresolved dispute had issued under section 64 of the LRA.
Lesedi Local Municipality v South African Municipal Workers Union obo Members (JR 435/08) [2008] ZALC 205; (2008) 29 ILJ 2780 (LC) (11 March 2008)
The Labour Court dismissed an urgent interdict application against a planned strike, holding that the corrected certificate of outcome validly supported protected strike action.
Bennicon Earthworks and Mining Services (Pty) Ltd v Hlatshwayo and Another (J1434/97) [1998] ZALC 39 (24 June 1998)
The Labour Court set aside two CCMA awards, holding the commissioner exceeded her powers by substituting a new award and failing to properly clarify the first award.
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