South Africa Case Law

Bliss Brands (Pty) Ltd v NASA - Workers (JR391/22)

Bliss Brands (Pty) Ltd v NASA - Workers (JR391/22) [2024] ZALCJHB 95; [2024] 5 BLLR 484 (LC); (2024) 45 ILJ 1250 (LC) (4 March 2024)

Court

Labour Court Johannesburg

Case number

JR391/22

Judge

R Daniels

The Labour Court held that neither the Labour Relations Act nor the CCMA Rules prohibit the withdrawal of disputes by a referring party. The withdrawal of a dispute is not a functionary act and is akin to absolution from the instance, which does not bar reinstitution of proceedings. The applicant's arguments regarding the need for employer consent, the doctrine of election, and the undermining of collective bargaining were rejected. The LRA does not require a union to be bound by its election to arbitrate and does not prevent future pursuit of organisational rights. The commissioner committed…

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• Organisational Rights
• Withdrawal Of Dispute
• Collective Bargaining
• Doctrine Of Election
• Arbitration Procedure

Khumalo v Security Specialised Services t/a Securitas SA (Pty) (JS 121/2020)

Khumalo v Security Specialised Services t/a Securitas SA (Pty) (JS 121/2020) [2023] ZALCJHB 212 (19 July 2023)

Court

Labour Court Johannesburg

Case number

JS 121/2020

Judge

Van Niekerk

The court held that, in the absence of a certificate of outcome, the applicant was required to refer his dispute to the Labour Court within 90 days of the CCMA referral. The applicant filed his statement of claim outside this period, and no condonation was sought. Furthermore, the applicant had signed a withdrawal of his CCMA referral, which, while possibly done under a misapprehension, meant that there was no live dispute before the court. As a result, the Labour Court lacked jurisdiction to entertain the claim.

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• Unfair Dismissal
• Automatically Unfair Dismissal
• Jurisdiction
• Condonation
• Withdrawal Of Dispute

Dungelo v Ergo Mining (Pty) Ltd and Others (JR1579/15)

Dungelo v Ergo Mining (Pty) Ltd and Others (JR1579/15) [2018] ZALCJHB 166 (3 May 2018)

Court

Labour Court Johannesburg

Case number

JR1579/15

Judge

Barnes

The Labour Court found that the CCMA Commissioner committed a fundamental error of law by believing he lacked authority to postpone the arbitration due to a prior decision, despite the applicant's representative being unexpectedly absent. Both parties accepted the Commissioner's erroneous stance, leading to the withdrawal agreement. The agreement was thus founded on a common mistake, as both parties operated under the incorrect assumption regarding the Commissioner's powers. Applying the principle from Dickenson Motors, the Court held that such an agreement must be set aside. The matter was o…

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• Unfair Dismissal
• Withdrawal Of Dispute
• Arbitration Postponement
• Common Mistake
• Review Of Ccma Decision

Letlatsa v Air Chefs (Pty) Ltd (J1074/13, JR1155/13)

Letlatsa v Air Chefs (Pty) Ltd (J1074/13, JR1155/13) [2015] ZALCJHB 338 (5 October 2015)

Court

Labour Court Johannesburg

Case number

J1074/13, JR1155/13

Judge

Tlhotlhalemaje

The court found that the withdrawal of the section 24 dispute at the CCMA did not prejudice the respondent or place its appeal at risk. The Commissioner’s conclusion that the withdrawal was not part of a final settlement and could be re-referred was reasonable and consistent with established legal principles. The applicant’s conduct did not amount to gross negligence warranting dismissal, as no evidence was presented of actual or potential prejudice to the respondent, nor of a breakdown in the employment relationship. The sanction of dismissal was disproportionate to any inconvenience caused,…

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• Unfair Dismissal
• Arbitration Award Enforcement
• Gross Negligence
• Progressive Discipline
• Withdrawal Of Dispute

South African Municipal Workers Union and Others v Zenzeleni Cleaning And Transport Services CC and Others (JR852/13)

South African Municipal Workers Union and Others v Zenzeleni Cleaning And Transport Services CC and Others (JR852/13) [2015] ZALCJHB 47 (23 February 2015)

Court

Labour Court Johannesburg

Case number

JR852/13

Judge

Molahlehi

The court held that the withdrawal of a dispute at the CCMA does not automatically preclude the applicants from reinstituting proceedings unless the withdrawal was part of a compromise or settlement. The Commissioner erred in finding that the CCMA lacked jurisdiction to re-enroll the dispute, as neither the LRA nor the CCMA Rules expressly remove jurisdiction upon withdrawal. The applicants had fulfilled the requirements of section 191(5) of the LRA, and their right to refer the matter to arbitration remained intact. The withdrawal did not compromise the claim, and the CCMA is obliged to re-e…

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• Ccma Jurisdiction
• Withdrawal Of Dispute
• Unfair Dismissal
• Section 191 Lra

Baloyi v Commission for Conciliation, Mediation And Arbitration and Others (JR 2634/13)

Baloyi v Commission for Conciliation, Mediation And Arbitration and Others (JR 2634/13) [2015] ZALCJHB 20 (3 January 2015)

Court

Labour Court Johannesburg

Case number

JR 2634/13

Judge

G van der Merwe

The Labour Court does not have jurisdiction to set aside a notice of withdrawal signed by the applicant at the CCMA, as such withdrawal is the act of the referring party and not a functionary. The withdrawal is akin to an order of absolution from the instance and does not preclude the applicant from making a fresh referral to the CCMA, subject to condonation and any defences raised by the respondent. The applicant may also withdraw her withdrawal. Therefore, the review application must be dismissed.

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• Unfair Dismissal
• Withdrawal Of Dispute
• Ccma Jurisdiction
• Condonation
• Absolution From Instance

Lemley v Commission for Conciliation Mediation and Arbitration and Others (P 32/12)

Lemley v Commission for Conciliation Mediation and Arbitration and Others (P 32/12) [2013] ZALCPE 7 (17 April 2013)

Court

Labour Court Port Elizabeth

Case number

P 32/12

Judge

Lallie

The Labour Court held that withdrawing a CCMA dispute before a merits decision does not bar a fresh referral, and it reviewed the jurisdiction rulings.

• Condonation Of Late Filing
• Ccma Jurisdiction
• Withdrawal Of Dispute
• Severance Benefits
• Unfair Dismissal
• Review Of Arbitration Award

Shibogde v Minister of Safety and Security and Others (JR 3307/09)

Shibogde v Minister of Safety and Security and Others (JR 3307/09) [2012] ZALCJHB 64 (11 July 2012)

Court

Labour Court Johannesburg

Case number

JR 3307/09

Judge

R Lagrange

Labour Court review of a condonation refusal for a late re-referral of an unfair labour practice dispute after withdrawal; review dismissed.

• Condonation
• Unfair Labour Practice
• Late Referral
• Withdrawal Of Dispute
• Employment Equity
• Promotion Dispute

Kgobokoe v Commission for Conciliation Mediation and Arbitration and Others (JR1260/08)

Kgobokoe v Commission for Conciliation Mediation and Arbitration and Others (JR1260/08) [2011] ZALCJHB 133; (2012) 33 ILJ 235 (LC) (29 June 2011)

Court

Labour Court Johannesburg

Case number

JR1260/08

Judges

Shai, Jammy

The court found that the applicant did not sign the notice of withdrawal voluntarily, but did so under undue pressure from the commissioner and based on mistaken beliefs regarding settlement. The commissioner acted unreasonably in refusing a postponement and insisting on withdrawal, especially when settlement negotiations were ongoing and not reduced to writing. The evidence showed that the applicant, as a lay person, was misled into believing the matter was resolved, and the subsequent refusal to reinstate the arbitration was irrational. The court held that, even if the withdrawal had been v…

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• Withdrawal Of Dispute
• Review Of Ccma Decision
• Doctrine Of Election
• Reinstatement Of Arbitration
• Gross Irregularity
• Unfair Dismissal