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Citation
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Judgment date
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| October 2020 |
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Respondent's late section 198D referral without condonation deprived CCMA of jurisdiction; commissioner exceeded powers awarding benefits.
Labour law – sections 198A–198D LRA – time limits for referral – six‑month period and requirement for condonation for late referral. Labour law – jurisdiction – CCMA cannot exercise jurisdiction where time limits are unexcused; Labour Court determines jurisdiction de novo. Labour law – nature of relief under section 198D – declaratory relief as primary remedy; substantive relief (benefits/back pay) not properly granted under section 198B/198D absent a separate appropriate referral and evidence. Procedural law – review of arbitration award for lack of jurisdiction and material error of law – award and variation ruling set aside.
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27 October 2020 |
| September 2020 |
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Reported
Urgent interdict against internal disciplinary hearing dismissed for lack of urgency, jurisdiction and mala fide conduct; punitive costs awarded.
Labour law — internal disciplinary enquiries — jurisdictional limits of Labour Court; exceptional circumstances required for intervention; urgency and self-created urgency; requirements for interim/final interdict (clear right, irreparable harm, lack of alternative remedy); admissibility/verification of medical certificates; punitive costs for mala fide litigation conduct.
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22 September 2020 |
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Reported
An employee must prove objectively that employer conduct rendered continued employment intolerable for constructive dismissal and CCMA jurisdiction.
Labour law – constructive dismissal – jurisdictional fact – Labour Court determines de novo whether constructive dismissal occurred. Constructive dismissal – requirements: termination by employee, continued employment objectively intolerable, employer caused intolerability. Intolerability – high threshold; more than unpleasant or stressful conditions; must be employer-caused and leave resignation as reasonable step. Employer conduct – timekeeping, induction, counselling and minor disciplinary measures may be reasonable in operational context and not amount to intolerability. Procedural – condonation for late set down may be granted where explanation and prejudice assessed.
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9 September 2020 |
| August 2020 |
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Reported
An arbitration award was set aside because the dispute was decided without an agreed factual matrix or proper stated case.
Labour law – arbitration – stated case – parties must provide an agreed factual substratum before legal issues are determined; arbitrator should refuse to decide where material facts are disputed. Interpretation of collective agreements/regulations – requires factual context; absence of factual matrix renders decision unreasonable and reviewable. Review – award vitiated for lack of factual matrix; remit for de novo hearing.
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31 August 2020 |
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Reported
Bargaining council retains jurisdiction despite employee non-attendance; unions must give sufficient particulars and identify members for conciliation.
Labour law – conciliation – trade union referrals on behalf of members – necessity for sufficient particulars and identification of represented employees – effect of employees’ non-attendance on bargaining council jurisdiction – procedural default vs jurisdictional defect.
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20 August 2020 |
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A paying bank must verify or investigate reversal instructions before reversing EFT debit-pull payments to avoid third‑party economic loss.
Delict — pure economic loss — paying bank’s duty to beneficiary of EFT debit-pull payments — requirement to verify/investigate reversal instructions where suspicious circumstances exist — EFT Rules require written dispute — wrongful reversal without verification renders bank liable; causation and damages established.
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14 August 2020 |
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Reported
A union member may challenge internal decisions that breach the union constitution; unlawful recall, leave and expulsion were set aside.
Labour law – trade union internal governance – member’s locus standi to enforce a union’s constitution; Trade union constitutions – contractual effect and requirement that internal removal/disciplinary procedures be followed; Judicial review/setting aside – decisions taken in breach of union constitution are null and void; Urgency – expedited relief where rights under constitution risk being rendered nugatory; Evidence/admissibility – procedural defects in supporting petition rendered it inadmissible.
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13 August 2020 |
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Non-compliance with Labour Court Practice Manual timelines caused lapse and archiving of review, depriving the court of jurisdiction.
Labour Court Practice Manual – review procedure – filing of record within 60 days – prosecution of review within 12 months – archiving and lapse of review – requirement to seek respondent’s consent or Judge President’s extension – requirement to apply to revive archived file – jurisdiction to hear review – costs follow result.
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11 August 2020 |
| July 2020 |
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Court refused dismissal for want of prosecution but granted condonation for late filing; State Attorney ordered to pay punitive costs.
Labour procedure — Review of arbitration award — filing of record under Rule 7A and Practice Manual time limits — deemed withdrawal vs condonation. Practice Manual — directives binding; judicial discretion preserved — consequences of non-compliance. Condonation — factors: length of delay, explanation, prejudice, prospects of success. Attorney negligence — its imputation to litigant; may bar condonation but not determinative if interests of justice favour hearing. Costs — punitive attorney-and-client costs against State Attorney for dereliction of duty.
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31 July 2020 |
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Excessive delay by the State Attorney did not justify dismissal; condonation granted but punitive costs ordered against the State Attorney.
Labour law – review of arbitration award – Practice Manual and Rule 7A compliance – failure to file record within 60 days – condonation vs dismissal for want of prosecution; attorney negligence and imputation to client; costs on punitive (attorney-and-client) scale against State Attorney.
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31 July 2020 |
| May 2020 |
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Reported
Use of video-conferencing for facilitated s189A consultations during lockdown is not inherently procedurally unfair; abandonment precludes relief.
Labour Law – s189/s189A retrenchment consultations; validity of virtual facilitation (video-conferencing/Zoom) during COVID-19; procedural fairness vs substantive fairness; facilitator’s procedural powers; abandonment of consultation bars s189A(13) relief; disclosure obligations and remedies.
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28 May 2020 |
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Deeming dismissal under s17(3)(a)(i) is unlawful if absence on annual leave or other leave negates 'without permission'.
Labour law; Public Service Act s17(3)(a)(i) — jurisdictional facts; 'absence without permission' — annual leave and BCEA consequences; review under s158(1)(h) LRA on legality; remedy — declarator and reinstatement.
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22 May 2020 |
