THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG JUDGMENT
|
|
- Philomena Cannon
- 5 years ago
- Views:
Transcription
1 Not reportable THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG JUDGMENT Case no: JR & J In the matter between: GAUTENG DEPARTMENT OF HEALTH First Applicant And JOHN M SIAVHE N.O PUBLIC HEALTH AND SOCIAL DEVELOPMENT SECTORAL BARGAING COUNCIL DR. KIMWANA NAKEYA First Respondent Second Respondent Third Respondent JUDGMENT ON APPLICATION FOR LEAVE TO APPEAL LAGRANGE J [1] This is an application for leave to appeal against a judgement in which the applicant's review application was dismissed because the late filing of the application was not condoned. The arbitration award which was the subject matter of the review application was also made an order of court.
2 Page 2 [2] The condonation application was dismissed on the basis that there was nothing approaching an adequate explanation provided by the applicant for either the delay in filing the initial application which was over 5 1/2 months late or the delay of more than 3 1/2 years in filing the condonation application. [3] In keeping with the previous pattern of conduct, the application for leave to appeal was also out of time though, at least on this occasion it was only six days late. As any prejudice that could have been occasioned by this delay is negligible, I am inclined to grant condonation for the late filing of the application for leave to appeal. The applicants core ground of appeal [4] The applicant s primary ground of appeal is that the court erred because although I found that the application for condonation should be dismissed for the reasons summarised above, since I had found that there might have been some merit in the applicant's grounds of review relating to the lesser charges against the third respondent and because I had expressed misgivings about the third respondent's conduct, public interest considerations should have outweighed the applicant's abject neglect. [5] This ground of appeal overlooks some important issues. Firstly, in relation to the serious charges against the third respondent which could have warranted dismissal, I was satisfied that the review of the arbitrator's findings on those charges was unlikely to succeed. The applicant cannot now appeal to issues of public interest when it failed to make out a better case in the original arbitration hearing which was the primary forum for it to the dismissal. Secondly, if the applicant is truly so concerned about the alleged public interest implications of reinstating the third respondent that deep concern was not reflected in its preparation of the case against the third respondent or in its conduct of the conduct of the review proceedings. It is disingenuous of the applicant to now complain that the court did not take the issue seriously when it never did so itself at the time it should have. In any event, and most importantly, albeit that my observations on the merits of the grounds of review were, strictly speaking, obiter there seems to be no justification had condonation being granted for setting
3 Page 3 aside the arbitrator's findings on the more serious charges which might have justified the third respondent's dismissal. Consequently, even if the merits of the grounds of review had been a factor, the only ones that would have been relevant were the ones relating to the lesser charges that would not have warranted dismissal but might have warranted some lesser form of action. Therefore there is little likelihood that even if condonation had been granted that it would have prevented the reinstatement of the third respondent, though perhaps subject to a final written warning for the lesser misconduct he ought to have been found guilty of. [6] In the result, I am not persuaded that there is a reasonable prospect that another court would excuse the applicant s unjustified delays in the prosecution of the review application on the basis that the merits of the review and the public interest issues raised outweigh its negligence. [7] I should also mention that the applicant s reliance in support of this ground of appeal on the judgment of the Labour Appeal Court in South African Post Office Ltd v Commission for Conciliation Mediation and Arbitration and Others 1 does not lend support to its argument in my view. The only proposition of principle it seeks to draw from that judgment is where the court stated: [17] The rules that regulate proceedings in this court provide that if an appellant fails to file the record for the appeal within the time prescribed, it is deemed to have withdrawn the appeal. This court has a discretion when deciding to condone the late filing of the record or any other pleading or document. In exercising that discretion the court must consider a number of factors, namely: the degree of delay and the reasons or explanation for the delay; the prospects of the party seeking the indulgence succeeding in its claim or defence; the prejudice that the parties will suffer if condonation is granted or refused; and finally, whether it is in the interest of justice to grant the condonation sought. 2 1 (2011) 32 ILJ 2442 (LAC) (3 August 2011) 2 At 2447
4 Page 4 [8] In the Post Office case, the court explained when the interests of justice might be decisive despite the explanation and degree of delay, though I note that in that matter the court felt that much of the delay had been explained: [41] The interest of justice is not a vague and catch-all phrase that may be latched onto in order to justify one's own feeling of the inequity that may result if there is no interference from the court. This factor must be utilized only where the absence of interference by the court would offend one's sense of justice. In the matter of NEHAWU, if the applicant was not granted condonation, it would not have been able to air an important issue of black staff not being allowed to mind A white children, which goes against the constitutional imperative of equality to which all South Africans are bound. This case, though not in a similar league, if allowed to stand makes nonsense of an employer's right to set minimum and functional standards for each position it wants to fill. Furthermore it is not for a commissioner, in matters such as this, to appoint a person to a post who only qualified for the post by making untrue claims in her application. In the circumstances, and also for reasons set out earlier, I am of the view that it is in the interest of justice to grant the indulgence to reinstate the appeal, and to condone the late filing of the power of attorney to prosecute the appeal and the heads of argument. 3 [9] The difficulty with applying this proposition to the matter at hand is that it presumes that, but for the condonation application being refused, it did have reasonable prospects of succeeding in setting aside the arbitrator s findings relating on the serious alleged misconduct of the third respondent s which potentially raised public interest issues and would have warranted his dismissal if he had been found guilty of them. For the reasons mentioned in my judgment, it appeared very unlikely that the applicant would have succeeded on the merits in any event. Consequently, I am not persuaded that there is a reasonable prospect another court would find that the applicant had a reasonable chance of succeeding in setting aside the findings relating to serious dismissible misconduct. 3 At
5 Page 5 Other grounds of appeal [10] The applicant also appeals against the cost order and the fact that the arbitration award was made an order of court, but did not advance any argument as in support of these grounds of appeal in its submissions which focused on what it characterised as its core ground of appeal that I have dealt with above. [11] In the circumstances I am satisfied that there is no reasonable prospect that another court would come to a different decision. Order [12] The applicant's late filing of its application for leave to appeal is condoned. [13] The application for leave to appeal is dismissed. [14] The applicant must pay the third respondent's costs in the application for leave to appeal excluding his costs incurred in opposing the condonation application. Lagrange J Judge of the Labour Court of South Africa (In Chambers) 7 October 2016
THE LABOUR COURT OF SOUTH AFRICA, HELD AT JOHANNESBURG
THE LABOUR COURT OF SOUTH AFRICA, HELD AT JOHANNESBURG Not reportable Case No: JR 1693/16 In the matter between: PIETER BREED Applicant and LASER CLEANING AFRICA First Respondent Handed down on 3 October
More informationTHE LABOUR COURT OF SOUTH AFRICA HELD AT JOHANNESBURG
Of interest to other judges THE LABOUR COURT OF SOUTH AFRICA HELD AT JOHANNESBURG In the matter between: Case no: JR 463/2016 ROBOR (PTY) LTD First Applicant and METAL AND ENGINEERING INDUSTRIES BARGAINING
More informationTHE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG JUDGMENT BENJAMIN LEHLOHONOLO MOSIKILI
THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG JUDGMENT Not Reportable Case no: JR1045/2011 In the matter between: BENJAMIN LEHLOHONOLO MOSIKILI Applicant and MASS CASH (PTY) LTD t/a QWAQWA CASH & CARRY
More informationREPUBLIC OF SOUTH AFRICA LABOUR OF SOUTH AFRICA COURT, JOHANNESBURG JUDGMENT NATIONAL PETROLEUM REFINERS (PTY) LIMITED
1 REPUBLIC OF SOUTH AFRICA LABOUR OF SOUTH AFRICA COURT, JOHANNESBURG JUDGMENT Reportable Case no: JR2799/11 In the matter between: NATIONAL PETROLEUM REFINERS (PTY) LIMITED Applicant and NATIONAL BARGAINING
More informationIN THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG
IN THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG Reportable/Not Reportable Case no: J 2591/17 In the matter between: FAIS OMBUD Applicant and MPHO RAMETSI First Respondent COMMISSION FOR CONCILIATION
More informationTHE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG JUDGMENT. NEHAWU obo DLAMINI AND 5 OTHERS
THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG JUDGMENT Not Reportable Case no: JR 1632 / 14 In the matter between: NEHAWU obo DLAMINI AND 5 OTHERS Applicant and COMMISSION FOR CONCILIATION, MEDIATION
More informationMOLAHLEHI AJ IN THE LABOUR COURT OF SOUTH AFRICA (HELD IN JOHANNESBURG) CASE NO: JR 1552/06. In the matter between:
IN THE LABOUR COURT OF SOUTH AFRICA (HELD IN JOHANNESBURG) CASE NO: JR 1552/06 In the matter between: THE ACADEMIC AND PROFESSIONAL STAFF ASSOCIATION APPLICANT AND ADVOCATE PAUL PRETORIUS SC NO UNIVERSITY
More informationREPUBLIC OF SOUTH AFRICA THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG JUDGEMENT
REPUBLIC OF SOUTH AFRICA THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG JUDGEMENT Not Reportable In the matter between: Case no: JR 2634/13 SUNDUZA DORAH BALOYI Applicant and COMMISSION FOR CONCILIATION
More informationREPUBLIC OF SOUTH AFRICA THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG JUDGMENT OFFICE OF THE PRESIDENCY. Second Respondent RULING ON CONDONATION AND
REPUBLIC OF SOUTH AFRICA THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG JUDGMENT Not reportable Of interest to other judges Case no: JR 1567/10 In the application for leave to appeal between: OFFICE OF
More informationIN THE LABOUR COURT OF SOUTH AFRICA HELD AT CAPE TOWN
1 IN THE LABOUR COURT OF SOUTH AFRICA HELD AT CAPE TOWN Case No. C701/99 In the matter between: Kohler Flexible Packaging (Pty) Ltd APPLICANT and Commissioner H Mofsowitz, N O FIRST RESPONDENT Commission
More informationTHE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG JUDGMENT
THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG JUDGMENT Not Reportable Case no: JR1679/13 In the matter between: SIZANO ADAM MAHLANGU Applicant and COMMISION FOR CONCILIATION, MEDIATION AND ARBITRATION
More informationCONSTITUTIONAL COURT OF SOUTH AFRICA. Case CCT 3/03 VOLKSWAGEN OF SOUTH AFRICA (PTY) LTD JUDGMENT
CONSTITUTIONAL COURT OF SOUTH AFRICA Case CCT 3/03 XINWA and 1335 OTHERS Applicants versus VOLKSWAGEN OF SOUTH AFRICA (PTY) LTD Respondent Decided on : 4 April 2003 JUDGMENT THE COURT: [1] The applicants
More informationIN THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG ZURICH INSURANCE COMPANY SA LTD
IN THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG Not reportable Case no: JR 438/11 In the matter between: ZURICH INSURANCE COMPANY SA LTD Applicant and COMMISSIONER J S K NKOSI N.O. First Respondent COMMISSION
More informationTHE LABOUR COURT OF SOUTH AFRICA, HELD AT JOHANNESBURG JUDGMENT
THE LABOUR COURT OF SOUTH AFRICA, HELD AT JOHANNESBURG JUDGMENT Reportable Case no: JS 1505/16 In the matter between: MOQHAKA LOCAL MUNICIPALITY Applicant and FUSI JOHN MOTLOUNG SHERIFF OF THE HIGH COURT,
More informationREPUBLIC OF SOUTH AFRICA THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG JUDGMENT
1 REPUBLIC OF SOUTH AFRICA THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG JUDGMENT Not Reportable Case No: JR 2500/10 In the matter between: MOGALE CITY LOCAL MUNICIPALITY Applicant and SOUTH AFRICAN LOCAL
More informationIN THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG JUDGMENT ABRAHAM HERCULES ENGELBRECHT EKURHULENI METROPOLITAN MUNICIPALITY JUDGMENT
IN THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG JUDGMENT Not Reportable Case no: JR908/11 In the matter between ABRAHAM HERCULES ENGELBRECHT Applicant and SOUTH AFRICAN LOCAL GOVERNMENT BARGAINING COUNCIL
More informationREPUBLIC OF SOUTH AFRICA THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG SIBAHLE CYPRIAN NDABA. MEDIATION AND ARBITRATION Respondent
REPUBLIC OF SOUTH AFRICA THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG JUDGMENT Not reportable CASE NO: JR1384/09 In the matter between: SIBAHLE CYPRIAN NDABA Applicant and COMMISSSION FOR CONCILIATION
More informationreview application of an arbitration award. Since the matter first came to court on 8 February 2011, this is the fifth time it has been set down.
LABOUR COURT OF SOUTH AFRICA (HELD AT BRAAMFONTEIN) Case: JR 1072/09 In the matter between: ANGLO PLATINUM LIMITED Applicant and NTSIMANE LAMECK MMAPITSA MOGALE ATTORNEYS COMMISSION FOR CONCILIATION MEDIATION
More informationIN THE LABOUR COURT OF SOUTH AFRICA HELD AT DURBAN
IN THE LABOUR COURT OF SOUTH AFRICA HELD AT DURBAN CASE NO. D460/08 In the matter between: SHAUN SAMSON Applicant and THE COMMISSION FOR CONCILIATION, MEDIATION AND ARBITRATION First Respondent ALMEIRO
More informationREPUBLIC OF SOUTH AFRICA
1 REPUBLIC OF SOUTH AFRICA IN THE LABOUR COURT OF SOUTH AFRICA, AT DURBAN JUDGMENT Not Reportable Case no: D477/11 In the matter between:- HOSPERSA First Applicant E. JOB Second Applicant and CHITANE SOZA
More informationTHE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG JUDGMENT CORPORATION (SOC) LTD ELEANOR HAMBIDGE N.O. (AS ARBITRATOR)
THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG JUDGMENT Not Reportable Case no: JR 745 / 16 In the matter between: SOUTH AFRICAN BROADCASTING CORPORATION (SOC) LTD Applicant and COMMISSION FOR CONCILIATION,
More informationIN THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG JUDGMENT
IN THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG JUDGMENT Not reportable Case no. JR 2422/08 In the matter between: GEORGE TOBA Applicant and MOLOPO LOCAL MUNICIPALITY First Respondent SOUTH AFRICAN LOCAL
More informationREPUBLIC OF SOUTH AFRICA THE LABOUR COURT OF SOUTH AFRICA, PORT ELIZABETH JUDGMENT MHLANGANISI WELCOME MAGIJIMA
REPUBLIC OF SOUTH AFRICA THE LABOUR COURT OF SOUTH AFRICA, PORT ELIZABETH JUDGMENT Not Reportable Case No: P543/13 In the matter between: MHLANGANISI WELCOME MAGIJIMA Applicant And THE COMMISSION FOR CONCILIATION,
More informationCASE NO. J837/98 R E A S O N S APPLICATION TO REFER THE MATTER BACK TO THE COMMISSION IN TERMS OF
REPORTABLE IN THE LABOUR COURT OF SOUTH AFRICA HELD AT JOHANNESBURG CASE NO. J837/98 In the matter between : S H ZEELIE APPLICANT and PRICE FORBES [NORTHERN PROVINCE][1] RESPONDENT R E A S O N S APPLICATION
More informationIN THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG. NATIONAL UNION OF METALWORKERS OF SOUTH AFRICA obo ANDREW MATABANE
IN THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG In the matter between: Not Reportable Case no: JR 1343/10 NATIONAL UNION OF METALWORKERS OF SOUTH AFRICA obo ANDREW MATABANE Applicant and FABRICATED STEEL
More informationTHE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG JUDGMENT
Of interest to other judges THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG JUDGMENT Case no: JR 2630/12 In the matter between: NUM obo MOGASHOA Applicant and COMMISSION FOR CONCILIATION, MEDIATION AND
More information[1] In this matter the Court is called upon to decide two issues. They both
IN THE LABOUR COURT OF COURT AFRICA Held in Johannesburg Case no. J2456/98 In the matter between TIGER WHEELS BABELEGI (PTY) LTD t/a TSW INTERNATIONAL Applicant and NATIONAL UNION OF METAL WORKERS OF SOUTH
More informationTHE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG JUDGMENT PICK N PAY LANGENHOVEN PARK. Second Respondent
THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG JUDGMENT Not Reportable Case no: JR 1534/15 In the matter between: ROYCE S FAMILY SUPERMARKET (PTY) LTD t/a PICK N PAY LANGENHOVEN PARK Applicant and DELL
More informationand The Commission for Conciliation, Mediation and Arbitration 1 st Respondent JUDGMENT
IN THE LABOUR COURT OF SOUTH AFRICA HELD AT JOHANNESBURG CASE NUMBER J891/98 In the matter between Cycad Construction (Pty) Ltd Applicant and The Commission for Conciliation, Mediation and Arbitration
More informationTHE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG JUDGMENT RAMANATHAN KUTHALAM PARAMASIVAN OCCUPATIO BUSINESS SERVICES (PTY) LTD
THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG JUDGMENT Not Reportable Case no: JR 1643 / 15 In the matter between: RAMANATHAN KUTHALAM PARAMASIVAN Applicant and COMMISSION FOR CONCILIATION, MEDIATION
More informationIN THE LABOUR COURT OF SOUTH AFRICA,JOHANNESBURG JUDGEMENT CENTRAL UNVIVERISTY OF TECHNOLOGY
IN THE LABOUR COURT OF SOUTH AFRICA,JOHANNESBURG JUDGEMENT Reportable Case no: JR 2826/11 In the matter between: CENTRAL UNVIVERISTY OF TECHNOLOGY Applicant And S KHOLOANE First Respondent MARINA TERBLANCHE
More informationIN THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG
1 IN THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG Reportable In the matter between: Case no: J1812/2016 GOITSEMANG HUMA Applicant and COUNCIL FOR SCIENTIFIC AND INDUSTRIAL RESEARCH First Respondent MINISTER
More informationTHE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG JUDGMENT
THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG In the matter between: JUDGMENT Not Reportable Case no: JR1859/13 NJR STEEL HOLDINGS (PTY) LTD NJR STEEL - PRETORIA EAST (PTY) LTD First Applicant Second
More informationREPUBLIC OF SOUTH AFRICA IN THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG JUDGMENT. PUBLIC SERVANTS ASSOCIATION OF SOUTH AFRICA obo P W MODITSWE
REPUBLIC OF SOUTH AFRICA IN THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG JUDGMENT Reportable Case no: JR 1702/12 In the matter between - PUBLIC SERVANTS ASSOCIATION OF SOUTH AFRICA obo P W MODITSWE Applicant
More informationIN THE LABOUR COURT OF SOUTH AFRICA HELD AT JOHANNESBURG CASE NUMBER: J 3275/98. In the matter between:
IN THE LABOUR COURT OF SOUTH AFRICA HELD AT JOHANNESBURG CASE NUMBER: J 3275/98 In the matter between: SUN INTERNATIONAL (SOUTH AFRICA) LIMITED TRADING AS MORULA SUN HOTEL AND CASINO and COMMISSION FOR
More informationTHE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG JUDGMENT
THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG JUDGMENT Reportable Case No: JR1944/12 DAVID CHAUKE Applicant and SAFETY AND SECURITY SECTORAL BARGAINING COUNCIL THE MINISTER OF POLICE COMMISSIONER F J
More informationSTALLION SECURITY (PTY) LTD JUDGMENT. [1] This is an application for leave to appeal against the order which this Court
IN THE LABOUR COURT OF SOUTH AFRICA HELD IN JOHANNESBURG REPORTABLE CASE NO: J2023/08 In the matter between: S A TSOTETSI APPLICANT AND STALLION SECURITY (PTY) LTD RESPONDENT JUDGMENT Molahlehi J Introduction
More informationTHE LABOUR COURT OF SOUTH AFRICA, HELD AT JOHANNESBURG
Not reportable THE LABOUR COURT OF SOUTH AFRICA, In the matter between: HELD AT JOHANNESBURG Case no: D 955/17 SOS PROTEC SURE Applicant and SOUTH AFRICAN REVOLUTIONARY ALLIED WORKERS UNION Respondent
More informationTHE LABOUR COURT OF SOUTH AFRICA JOHANNESBURG
THE LABOUR COURT OF SOUTH AFRICA JOHANNESBURG Not Reportable Case No: JR941/14 In the matter between: EDCON LIMITED Applicant and THE COMMISSION FOR CONCILIATION, MEDIATION AND ARBITRATION COMMISSIONER
More informationTHE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG DEPARTMENT OF HOME AFFAIRS
THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG Reportable In the matter between: Case no: JR2134/15 DEPARTMENT OF HOME AFFAIRS Applicant and GENERAL PUBLIC SERVICE SECTORAL First Respondent BARGAINING
More informationIN THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG. 4 PL FLEET (PTY) LTD Applicant
IN THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG Not Reportable Case no: JR 1867/15 In the matter between: 4 PL FLEET (PTY) LTD Applicant and JIM MBUYISELLWA MABASO First Respondent DANIEL H BAKANI Second
More informationTHE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG JUDGMENT NORTH WEST PARKS AND TOURISM BOARD
THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG JUDGMENT Not Reportable Case no: JS881/09 In the matter between: GLADYS PULE Applicant and NORTH WEST PARKS AND TOURISM BOARD Respondent In re: TRANSPORT
More informationIN THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG
IN THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG Not Reportable Case no: JR1564/15 and JR1460/15 In the matter between: KENOSI MODISENYANE Applicant and TRANSNET BARGAINING COUNCIL First Respondent E.
More informationIN THE LABOUR COURT OF SOUTH AFRICA JUDGEMENT
HELD AT JOHANNESBURG Case number: JR2797/2005 In the matter between: BARNARD, ESM Applicant and THE DIRECTOR, SAFETY AND SECURITY SECTORAL BARGAINING COUNCIL BOSCH, D N.O First Respondent Second Respondent
More informationREPUBLIC OF SOUTH AFRICA THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG JUDGMENT
REPUBLIC OF SOUTH AFRICA THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG JUDGMENT Not Reportable Case no: JS 15/2013 KONDILE BANKANE JOHN Applicant and M TECH INDUSTRIAL Respondent Heard: 14 October 201
More informationIN THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG
IN THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG Not Reportable Case no: JR 505/15 In the matter between: KAVITA RAMPERSAD Applicant and COMMISSIONER RICHARD BYRNE N.O. First Respondent COMMISSION FOR
More informationTHE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG
1 THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG Not reportable Case no: JR 2386/15; J 323/16 In the matter between MEC DEPT OF ECONOMIC DEVELOPMENT, ENVIRONMENT AND TOURISM, MPUMALANGA and NEHAWU obo
More informationREPUBLIC OF SOUTH AFRICA IN THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG JUDGMENT MOKGAETJI BERNICE KEKANA
REPUBLIC OF SOUTH AFRICA IN THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG JUDGMENT Not Reportable Case no: J 2536/12 In the matter between: MOKGAETJI BERNICE KEKANA Applicant and DEPARTMENT OF HEALTH
More informationIN THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG BOSAL AFRIKA (PTY) LTD
IN THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG Reportable In the matter between: Case no: JR 839/2011 BOSAL AFRIKA (PTY) LTD Applicant and NUMSA obo ITUMELENG MAWELELA First Respondent ADVOCATE PC PIO
More informationREPUBLIC OF SOUTH AFRICA IN THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG JUDGMENT
REPUBLIC OF SOUTH AFRICA IN THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG JUDGMENT Not reportable Case no: JR 1231/12 In the matter between: PAUL REFILOE MAHAMO Applicant And CMC di RAVENNA SOUTH AFRICA
More informationIN THE LABOUR COURT OF SOUTH AFRICA (HELD AT BRAAMFONTEIN) GOLD FIELDS MINING SOUTH AFRICA (PTY) LTD (KLOOF GOLD MINE) Applicant
IN THE LABOUR COURT OF SOUTH AFRICA (HELD AT BRAAMFONTEIN) CASE NO: JR 2006/08 GOLD FIELDS MINING SOUTH AFRICA (PTY) LTD (KLOOF GOLD MINE) Applicant and COMMISSION FOR CONCILIATION, MEDIATION AND ARBITRATION
More informationIN THE LABOUR COURT OF SOUTH AFRICA HELD AT JOHANNESBURG CASE NO : JR 161/06 SOUTH AFRICAN POLICE SERVICES
IN THE LABOUR COURT OF SOUTH AFRICA HELD AT JOHANNESBURG CASE NO : JR 161/06 In the matter between : SOUTH AFRICAN POLICE SERVICES APPLICANT and SUPT F H LUBBE FIRST RESPONDENT THE SAFETY AND SECURITY
More informationIN THE SOUTH GAUTENG HIGH COURT, JOHANNESBURG (REPUBLIC OF SOUTH AFRICA) APPEAL CASE NO : A5044/09 DATE: 18/08/2010 In the matter between:
IN THE SOUTH GAUTENG HIGH COURT, JOHANNESBURG (REPUBLIC OF SOUTH AFRICA) APPEAL CASE NO : A5044/09 DATE: 18/08/2010 In the matter between: HENRY GEORGE DAVID COCHRANE Appellant (Respondent a quo) and THE
More informationIn the matter between:
REPUBLIC OF SOUTH AFRICA Not reportable THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG JUDGMENT Case no: JR 868/13 In the matter between: PASSENGER RAIL AGENCY OF SOUTH AFRICA APPLICANT and COMMISSION
More informationTHE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG JUDGMENT
REPUBLIC OF SOUTH AFRICA THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG JUDGMENT Not Reportable Case no: JR 663/05 In the matter between: EDWIN DICHABE Applicant and DEPARTMENT OF LOCAL GOVERNMENT First
More informationREPUBLIC OF SOUTH AFRICA IN THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG JUDGMENT KHULULEKILE LAWRENCE MCHUBA PASSENGER RAIL AGENCY OF SOUTH AFRICA
REPUBLIC OF SOUTH AFRICA IN THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG JUDGMENT Not Reportable Case no: J 392/14 In the matter between KHULULEKILE LAWRENCE MCHUBA Applicant and PASSENGER RAIL AGENCY
More informationTHE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG NATIONAL UNION OF MINEWORKERS
THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG Not reportable Case no: J 1607/17 NATIONAL UNION OF MINEWORKERS Applicant and PETRA DIAMONDS t/a CULLINAN DIAMOND MINE (PTY) LTD Respondent Heard: 2 August
More informationJUDGMENT. [1] In the main application in this matter the applicant seeks to review and set aside
IN THE LABOUR COURT OF SOUTH AFRICA HELD IN JOHANNESBURG REPORTABLE CASE NO: JR 214/01 CASE NO: J2498/08 In the matter between: NOVO NORDISK APPLICANT AND COMMISSION FOR CONCILIATION, MEDIATION AND ARBITRATION
More informationSAMWU IN THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG
SAMWU IN THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG Not Reportable Case no: JR 2504/12 In the matter between: NORTHAM PLATINUM LTD Applicant and THE COMMISSION FOR CONCILIATION MEDIATION AND ARBITRATION
More informationIN THE LABOUR COURT OF SOUTH AFRICA AT JOHANNESBURG Case Number: J1134/98. First Respondent M Miles Commissioner: CCMA Motion Engineering (Pty) Ltd
IN THE LABOUR COURT OF SOUTH AFRICA AT JOHANNESBURG Case Number: J1134/98 In the matter between: O D Zaayman Applicant and Provincial Director: CCMA Gauteng First Respondent M Miles Commissioner: CCMA
More informationTHE LABOUR COURT OF SOUTH AFRICA (HELD AT JOHANNESBURG) CEMENTATION MINING Applicant
THE LABOUR COURT OF SOUTH AFRICA (HELD AT JOHANNESBURG) CASE NO. JR 1644/06 In the matter between: CEMENTATION MINING Applicant And COMMISSION FOR CONCILIATION, MEDIATION AND ARBITRATION 1 ST Respondent
More informationIN THE LABOUR COURT OF SOUTH AFRICA HELD AT JOHANNESBURG MOGALE CITY LOCAL MUNICIPALITY
IN THE LABOUR COURT OF SOUTH AFRICA HELD AT JOHANNESBURG Not reportable CASE NO: JR1966/08 In the matter between: MOGALE CITY LOCAL MUNICIPALITY Applicant and SOUTH AFRICAN LOCAL GOVERNMENT BARGAINING
More informationTHE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG JUDGMENT
THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG JUDGMENT Not reportable Case no JR 1218/2015 In the matter between: HYGIENIK (PTY) LTD Applicant and THE COMMISSION FOR CONCILIATION, MEDIATION AND ARBITRATION
More informationIN THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG NUPSAW OBO NOLUTHANDO LENGS
IN THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG Not Reportable Case no: JR 2494/16 In the matter between: NUPSAW OBO NOLUTHANDO LENGS Applicant and GENERAL SECRETARY OF THE GENERAL PUBLIC SERVICE SECTORAL
More informationJUDGMENT DELIVERED BY THE HONOURABLE MS JUSTICE PILLAY ON 18 AUGUST Instructed by
IN THE LABOUR COURT OF SOUTH AFRICA SITTING IN DURBAN REPORTABLE CASE NO D218/03 DATE HEARD: 2003/08/08 2003/08/18 DATE DELIVERED: In the matter between: HOSPERSA MOULTRIE First Applicant Second Applicant
More informationIn the matter between:
REPUBLIC OF SOUTH AFRICA THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG JUDGMENT Not reportable Case No: JR 2452/10 In the matter between: DUMILE EZEKIA NANA Applicant and MANTSOPA LOCAL MUNICIPALITY SOUTH
More informationREPUBLIC OF SOUTH AFRICA IN THE LABOUR COURT OF SOUTH AFRICA, PORT ELIZABETH JUDGMENT
1 REPUBLIC OF SOUTH AFRICA IN THE LABOUR COURT OF SOUTH AFRICA, PORT ELIZABETH JUDGMENT Not reportable Case no: P 341/11 In the matter between: BRIAN SCHROEDER GRAHAM SUTHERLAND First Applicant Second
More informationNOT REPORTABLE IN THE LABOUR COURT OF SOUTH AFRICA HELD AT JOHANNESBURG CASE NO. JR 365/06
NOT REPORTABLE IN THE LABOUR COURT OF SOUTH AFRICA HELD AT JOHANNESBURG CASE NO. JR 365/06 In the matter between: PATRICK LEBOHO Applicant and COMMISSION FOR CONCILIATION, MEDIATION AND ARBITRATION First
More informationJUDGEMENT CASE NO. 191/2015
IN THE INDUSTRIAL COURT OF SWAZILAND In the matter between:- JUDGEMENT CASE NO. 191/2015 HERBERT MTHUNZI DLAMINI APPLICANT AND CHAIRMAN OF THE CIVIL SERVICE COMMISSION MINISTRY OF AGRICULTURE THE ATTORNEY
More informationIN THE INDUSTRIAL COURT OF SWAZILAND JUDGEMENT
IN THE INDUSTRIAL COURT OF SWAZILAND JUDGEMENT Case NO. 418/12 In the matter between: SIPHO DLAMINI Applicant And THE TEACHING SERVICE COMMISSION SWAZILAND GOVERNMENT THE ATTORNEY-GENERAL 1 st Respondent
More informationDEPARTMENT OF EDUCATION: EASTERN CAPE THE EDUCATION LABOUR RELATIONS COUNCIL
THE LABOUR COURT OF SOUTH AFRICA PORT ELIZABETH Not reportable Case no: PR 71/13 In the matter between: THE MEMBER OF THE EXECUTIVE COUNCIL: DEPARTMENT OF EDUCATION: EASTERN CAPE Applicant And THOBELA
More informationTHE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG SUPER SQUAD LABOUR BROKERS
THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG Not Reportable Case no: JR2899/2012 In the matter between: SUPER SQUAD LABOUR BROKERS Applicant and SEHUNANE M, N.O. First Respondent THE COMMISSION FOR CONCILIATION,
More informationIN THE COMPANIES TRIBUNAL OF THE REPUBLIC OF SOUTH AFRICA BOLLORE AFRICA LOGISTICS SOUTH AFRICA (PTY) LTD BOLLORE TRADING AND INVESTMENTS (PTY) LTD
IN THE COMPANIES TRIBUNAL OF THE REPUBLIC OF SOUTH AFRICA In the matter between: CASE NO: CT004AUG2017 BOLLORE AFRICA LOGISTICS SOUTH AFRICA (PTY) LTD Applicant (Registration Number: 2012/013416/07) and
More informationREPUBLIC OF SOUTH AFRICA THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG JUDGMENT DENNIS PEARSON AND 14 OTHERS
1 REPUBLIC OF SOUTH AFRICA THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG JUDGMENT Not Reportable CASE NO: JS 1135/12 In the matter between: DENNIS PEARSON AND 14 OTHERS Applicant and TS AFRIKA CATERING
More informationTHE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG JUDGMENT THE COLD CHAIN (PTY) LTD
THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG JUDGMENT Not Reportable Case no: J1053/13 In the matter between: THE COLD CHAIN (PTY) LTD Applicant and COMMISSIONER FAIZEL MOOI N.O COMMISSION FOR CONCILIATION
More informationKUNGWINI RESIDENTIAL ESTATE AND ADVENTURE SPORT CENTRE LIMITED JUDGMENT
IN THE LABOUR COURT OF SOUTH AFRICA HELD AT JOHANNESBURG CASE NO: JR603/03 In the matter between: KUNGWINI RESIDENTIAL ESTATE AND ADVENTURE SPORT CENTRE LIMITED Applicant and MR LUCKY MHLONGO N.O. THE
More informationIN THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG
IN THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG Not Reportable In the matter between: Case no: JR 815/15 DUNCANMEC (PTY) LTD Applicant and WILLIAM, ITUMELENG N.O THE METAL AND ENGINEERING INDUSTRY BARGAINING
More informationREPUBLIC OF SOUTH AFRICA THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG JUDGMENT
REPUBLIC OF SOUTH AFRICA Not reportable Not of interest to other judges THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG JUDGMENT Case no: JR 202/10 In the matter between: K J LISANYANE Applicant and C J
More informationIN THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG Not Reportable Case no: JS 876/16 In the matter between: BOMBELA OPERATING COMPANY (PTY) LTD
IN THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG Not Reportable Case no: JS 876/16 In the matter between: UNITED NATIONAL TRANSPORT UNION OBO MEMBERS Applicant And BOMBELA OPERATING COMPANY (PTY) LTD
More informationREPUBLIC OF SOUTH AFRICA THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG JUDGMENT MEC: DEPARTMENT OF EDUCATION GAUTENG.
1 REPUBLIC OF SOUTH AFRICA THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG JUDGMENT Reportable Case no: JR 2145 / 2008 In the matter between: MEC: DEPARTMENT OF EDUCATION GAUTENG Applicant and J MSWELI
More informationLabour Court Rules, 2006 ARRANGEMENT OF RULES PART I
DISTRIBUTED BY VERITAS TRUST Tel: [263] [4] 794478 Fax & Messages [263] [4] 793592 E-mail: veritas@mango.zw VERITAS MAKES EVERY EFFORT TO ENSURE THE PROVISION OF RELIABLE INFORMATION, BUT CANNOT TAKE LEGAL
More informationTHE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG
1 THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG In the matter between: NKOSANA MAKHOBA Not Reportable Case No: JR 1820/12 Applicant and THE COMMISSION FOR CONCILIATION, MEDIATION & ARBITRATION B KHUMALO
More informationREPUBLIC OF SOUTH AFRICA IN THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG KEPP BUTI LANGA AND 36 OTHERS
1 REPUBLIC OF SOUTH AFRICA IN THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG Not Reportable Not of interest to other judges Case no: JS941/16 In the matter between KEPP BUTI LANGA AND 36 OTHERS APPLICANT
More informationTHE LABOUR COURT OF SOUTH AFRICA JOHANNESBURG
THE LABOUR COURT OF SOUTH AFRICA JOHANNESBURG Not Reportable Case no: J1009/13 In the matter between: SEOKA DAVID KEKANA Applicant and AMALGAMATED BEVERAGES INDUSTRIES (ABI), A DIVISION OF THE SOUTH AFRICAN
More informationMaking a Complaint Against Members of the Institute of Certified Public Accountants In Ireland
Making a Complaint Against Members of the Institute of Certified Public Accountants In Ireland INDEX Introduction 3 How the Institute can help you 3 Relationship with your CPA 3 Making a complaint to the
More informationIN THE INDUSTRIAL COURT OF SWAZILAND RULING ON POINT OF LAW THE TEACHING SERVICE COMMISSION ATTORNEY GENERAL
IN THE INDUSTRIAL COURT OF SWAZILAND Held at Mbabane In the matter between: RULING ON POINT OF LAW Case No317/2007 JOHN KUNENE Applicant And THE TEACHING SERVICE COMMISSION ATTORNEY GENERAL 1 st Respondent
More informationIN THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG ELIZABETH MATLAKALA BODIBE
IN THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG Not Reportable Case no: JR 490/15 In the matter between: ELIZABETH MATLAKALA BODIBE Applicant and PUBLIC SERVICE CO-ORDINATING BARGAINING COUNCIL DANIEL
More informationREPUBLIC OF SOUTH AFRICA THE LABOUR COURT OF SOUTH AFRICA, DURBAN JUDGMENT
REPUBLIC OF SOUTH AFRICA THE LABOUR COURT OF SOUTH AFRICA, DURBAN JUDGMENT Reportable Case no. D552/12 In the matter between: HEALTH AND OTHER SERVICES PERSONNEL TRADE UNION OF SOUTH AFRICA TM SOMERS First
More informationHELD AT JOHANNESBURG CASE NO: C77/2006. SPANJAARD LIMITED Applicant JUDGMENT. 2. The applicant has raised the following grounds for leave to appeal:
IN THE LABOUR COURT OF SOUTH AFRICA HELD AT JOHANNESBURG CASE NO: C77/2006 In the matter between: SPANJAARD LIMITED Applicant and RETIEF OLIVIER NATIONAL BARGAINING COUNCIL FOR THE CHEMICAL INDUSTRY DAPHNE
More informationTHE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG JUDGMENT
THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG JUDGMENT Not Reportable Case no: JR832/11 In the matter between: SUPT. MM ADAMS Applicant and THE SAFETY AND SECURITY SECTORAL BARGAINING COUNCIL JOYCE TOHLANG
More informationZIMBABWE SCHOOLS EXAMINATION COUNCIL versus MOSES H CHINHENGO (FORMER JUDGE) N.O and TARCH PRINT ZIMBABWE (PVT) LTD
1 ZIMBABWE SCHOOLS EXAMINATION COUNCIL versus MOSES H CHINHENGO (FORMER JUDGE) N.O and TARCH PRINT ZIMBABWE (PVT) LTD HIGH COURT OF ZIMBABWE MATANDA-MOYO J HARARE, 5 February 2018 & 28 March 2018 Opposed
More informationIN THE LABOUR COURT OF SOUTH AFRICA (HELD IN JOHANNESBURG)
IN THE LABOUR COURT OF SOUTH AFRICA (HELD IN JOHANNESBURG) Case number: JR2343/05 In the matter between: SEEFF RESIDENTIAL PROPERTIES Applicant And COMMISSIONER N. MBHELE N.O First Respondent COMMISSION
More informationThird respondent JUDGMENT. an arbitration award reviewed and set aside. application for condonation, I will refer to the well-known principles set
JR1517/1--avs 1 IN THE LABOUR COURT OF SOUTH AFRICA HELD AT JOHANNESBURG CASE NO: JR1517/ DATE: 15-06-02 In the matter between SUNDAY ZULU Applicant and CCMA SBINGOSENI HINTSO N.O. SUNNYSIDE PARK HOTEL
More informationIN THE LABOUR COURT OF SOUTH AFRICA (HELD AT JOHNNESBURG)
1 IN THE LABOUR COURT OF SOUTH AFRICA (HELD AT JOHNNESBURG) Not Reportable Case No.JR877/12 In the matter between NATIONAL UNION MINEWORKERS First Applicant obo RUTH MASHA and METAL AND ENGINEERING INDUSTRIES
More informationTHE LABOUR COURT OF SOUTH AFRICA, HELD AT JOHANNESBURG
Not reportable THE LABOUR COURT OF SOUTH AFRICA, In the matter between: HELD AT JOHANNESBURG Case no: JR 271/15 SOUTH AFRICAN AIRWAYS (SOC) LTD Applicant and THE COMMISSION FOR CONCILIATION, MEDIATION
More informationREPUBLIC OF SOUTH AFRICA IN THE LABOUR COURT OF SOUTH AFRICA; JOHANNESBURG JUDGMENT
REPUBLIC OF SOUTH AFRICA IN THE LABOUR COURT OF SOUTH AFRICA; JOHANNESBURG JUDGMENT Reportable Case no: JR 706/2012 In the matter between: PILLAY, MOGASEELAN (RAMA) First Applicant LETSOALO, MAITE MELIDA
More informationGUMA AND THREE OTHERS JUDGEMENT. [1] This is an application for rescission of a judgement given by. August In terms of the judgement the
IN THE LABOUR COURT OF SOUTH AFRICA HELD AT JOHANNESBURG CASE NO. J1281/98 In the matter between: SIZABANTU ELECTRICAL CONSTRUCTION APPLICANT and GUMA AND THREE OTHERS RESPONDENTS JUDGEMENT SEADY A J [1]
More informationTHE LABOUR COURT OF SOUTH AFRICA, IN JOHANNESBURG JUDGMENT
REPUBLIC OF SOUTH AFRICA Reportable THE LABOUR COURT OF SOUTH AFRICA, IN JOHANNESBURG JUDGMENT Case no: J1773/12 In the matter between: VUSI MASHIANE and DEPARTMENT OF PUBLIC WORKS Applicant First Respondent
More informationREPUBLIC OF SOUTH AFRICA THE LABOUR COURT OF SOUTH AFRICA, PORT ELIZABETH JUDGMENT BERNARD ANTONY MARROW
REPUBLIC OF SOUTH AFRICA THE LABOUR COURT OF SOUTH AFRICA, PORT ELIZABETH JUDGMENT Not Reportable Case No: P229/11 In the matter between: BERNARD ANTONY MARROW Applicant And COMMISSION FOR CONCILIATION
More informationREPUBLIC OF SOUTH AFRICA IN THE LABOUR COURT OF SOUTH AFRICA, DURBAN JUDGMENT SOUTH AFRICAN SOCIAL SECURITY AGENCY
REPUBLIC OF SOUTH AFRICA IN THE LABOUR COURT OF SOUTH AFRICA, DURBAN JUDGMENT Reportable/Not reportable Case no: D536/12 In the matter between: SOUTH AFRICAN SOCIAL SECURITY AGENCY Applicant and COMMISSIONER
More information