Labour Court of South Africa, Cape Town - 2020 September

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2 judgments

Citation	Judgment date
September 2020
Cullinan Holdings Ltd v South African Road Passenger Bargaining Council N.O. and Others (C 598/2018) [2020] ZALCCT 25 (4 September 2020) An arbitrator’s reinstatement award set aside where employer’s safety interests and s193(2)(b) intolerability were insufficiently considered. Labour law — Review of arbitration award — Sanction and remedy — Arbitrator’s assessment of reinstatement — necessity to consider s 193(2)(b) (continued employment intolerable) — bundles handed up in arbitration are not evidence per se — substitution of remedy where arbitrator failed to balance competing interests.	4 September 2020
Truter v Travelstart Online Travel Operations (Pty) Ltd (C 811/2016) [2020] ZALCCT 26 (4 September 2020) Reported An earlier refusal to condone delay in prosecuting a referral bars a later retrieval application by res judicata. * Civil procedure – Res judicata – prior refusal of condonation precluding subsequent retrieval application * Labour Court practice – Retrieval of archived referral – inseparable from application for condonation under practice manual * Evidence – Introduction of fresh evidence after final judgment ordinarily limited to appeals * Procedural law – Finality of judgments and prohibition on re-litigation of same cause of action	4 September 2020