HELD AT JOHANNESBURG CASE NO: C77/2006. SPANJAARD LIMITED Applicant JUDGMENT. 2. The applicant has raised the following grounds for leave to appeal:
|
|
- Camilla Lindsey
- 5 years ago
- Views:
Transcription
1 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 GESTETNER First Respondent Second Respondent Third Respondent JUDGMENT FRANCIS J 1. This is an application by the applicant for leave to appeal against the whole of my judgment handed down on 3 November This was after I had dismissed the applicant s review application with costs. 2. The applicant has raised the following grounds for leave to appeal: 1. The Learned Judge erred in holding that because there was Labour Court authority that supported the approach adopted by the First Respondent in not examining the reason for Applicant s non-attendance once it was established that the Applicant had received notice of the arbitration, his (First Respondent s) conclusion that the rescission application was to be dismissed, was the correct one; 2. The Learned Judge should have considered the correctness of the said authority
2 2 in the light of his own judgment in Foschini Group (Pty) Ltd v CCMA & Others 2002 (23) ILJ 1048 (LC) and that of an acting judge in Northern Province Local Government Association v CCMA & Others (2001) 22 ILJ 1173 (LC) and determined which of the two approaches is the correct one. Since the approach adopted would be decisive of the fate of the review application the Learned Judge s failure to consider the two approaches an omission which renders his judgment capable of being overturned on appeal; 3. There is a reasonable prospect that the Labour Appeal Court will rule that the Learned Judge approach in the Foschini matter referred to above was the correct one and reverse the order he has made. 4. The Learned Judge erred in holding that examples of default award erroneously made did not cover the situation, jurisdictional objection and explanations presented by the Applicant for it s absence in it s rescission application. 5. The Learned Judge erred in holding that the Applicant had failed to attend where a correct fax number was used and due to inefficiencies within the Applicant s administration. 6. The learned Judge erred in holding that the commissioner (First Respondent) was not obliged to decide and deal with the issue in his rescission ruling as to whether it had jurisdiction to entertain the referral based on the Applicant s position as set out in it s rescission application that it was not covered by the Second Respondent s scope of jurisdiction. 3. In terms of section 166(1) of the Labour Relations Act 66 of 1995 (the Act), an appeal lies from a judgment of the Labour Court to the Labour Appeal Court with leave of the Labour Court. The traditional test in deciding whether leave to appeal should be granted
3 3 is whether there is a reasonable prospect that another court may come to a different conclusion to that reached by me. 4. The crisp issue in this application for leave to appeal is whether the commissioner s reliance on a Labour Court judgment is reviewable. The commissioner in dismissing the applicant s rescission application had relied on Shoprite Checkers (Pty) Ltd v CCMA & others (2005) 26 ILJ 1119 (LC). The court had found that in an application for rescission brought under section 144 of the Act, an applicant is not required to show good cause. 5. I agree that there are Labour Court judgments dealing with rescission applications brought in terms of section 144 of the Act stating that good cause is a requirement in a rescission application. The first judgment that the applicant had referred me to is Foschini Group (Pty) Ltd v CCMA & Others 2002 (23) ILJ 1048 (LC) which was an application to review a commissioner s ruling on several grounds. I had found in that judgment that an applicant in a rescission application brought under section 144 of the Act had to show that he has a bona fide defence. I had followed the decision of Northern Province Local Government Association v CCMA & Others (2001) 22 ILJ 1173 (LC) where Sutherland AJ dealt with the review of a rescission ruling made by a commissioner. In dealing with the requirements for a rescission application he had placed reliance on the practice of civil courts. He relied on a passage in the fourth edition of Herbstein & Van Winsen where it is stated that good cause is a requirement. Rule 42 of the High Court Rules deals with Variation and Rescission orders. Rule 42 states that the court may, in addition to any other powers it may have, rescind an order or judgment granted erroneously etc. The reference to in addition to any other powers it may have
4 4 is a reference to the court s common law powers. There is no reference in either sections 165 or 144 of the Act to in addition to any other powers it may have. The requirement of good cause was introduced in Rule 16A(2)(d) of the Rules of the Labour Court. The CCMA does not have such an equivalent rule. Commissioner s of the CCMA are creatures of Statute and derive their powers from the Act. They do not have common law powers. The two judgments that the applicant is clearly seeking to rely on wrongly proceeded on the basis that good cause was a requirement in a rescission application brought in terms of section 144 of the Act. 6. The issue of good cause was pertinently dealt with in the Shoprite Checkers (Pty) Ltd where the court correctly, in my view, found that good cause is not a requirement in section 144 applications. I have in subsequent judgments found that good cause is not a requirement in section 144 applications. 7. In Superb Meat Supplies CC v Maritz (2004) 25 ILJ 96 (LAC) the court said at paragraph 15 that the court accepted that when the court considers whether a judgment has been granted erroneously, it does not investigate whether good cause has been established or whether there has been wilful default. See also Lumka & Associates v Maqubela (2004) 25 ILJ 2326 (LAC). 8. I have carefully considered the grounds for leave to appeal, the parties submissions and my judgment and am not persuaded that another court may come to a different conclusion to that reached by me in my judgment.
5 9. In the circumstances I make the following order: 5 1. The application for leave to appeal is dismissed with costs. FRANCIS J JUDGE OF THE LABOUR COURT OF SOUTH AFRICA FOR THE APPLICANT : R BEATON INSTRUCTED BY DE JONGH ATTORNEYS FOR RESPONDENT : RGL STELZNER INSTRUCTED MAURICE PHILLIPS WISENBERG ATTORNEYS DATE OF HEARING : 25 JUNE 2007 DATE OF JUDGMENT : 27 JUNE 2007
REPUBLIC OF SOUTH AFRICA THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG JUDGMENT. T/A KFC v ALEN FRASER
REPUBLIC OF SOUTH AFRICA THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG JUDGMENT Not Reportable Case no: J1421/13 In the matter between: BEVERAL INVESTMENT T/A KFC v ALEN FRASER Applicant And ALEN FRASER
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 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
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 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 informationREPUBLIC OF SOUTH AFRICA THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG JUDGMENT. SATINSKY 128 (PTY) LTD t/a JUST GROUP AFRICA
REPUBLIC OF SOUTH AFRICA THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG JUDGMENT Reportable Case no: JR 1479 / 2012 In the matter between: SATINSKY 128 (PTY) LTD t/a JUST GROUP AFRICA Applicant and DISPUTE
More informationIn the Labour Court of South Africa Held in Johannesburg. Northern Training Trust. Third Respondent. Judgment
1 In the Labour Court of South Africa Held in Johannesburg In the matter between: Case number: JR268/ 02 Northern Training Trust Applicant and Josiah Maake Sita Gesina Maria Du Toit CCMA First Respondent
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 informationREPUBLIC OF SOUTH AFRICA THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG JUDGMENT EDWIN NCHABELENG & 2 OTHERS LAPACE CONSTRUCTION (PTY) LTD JUDGMENT
REPUBLIC OF SOUTH AFRICA THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG JUDGMENT Not Reportable Case no: J580/2013 EDWIN NCHABELENG & 2 OTHERS Applicants and LAPACE CONSTRUCTION (PTY) LTD Respondent Heard:
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 Of interest to other Judges Case no: JS747/11 In the matter between: ROYAL SECURITY CC Applicant and SOUTH
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 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 HELD AT JOHANNESBURG REPORTABLE Case Number: JR 596/09 In the matter between: SHELL SA ENERGY (PTY) LIMITED
IN THE LABOUR COURT OF SOUTH AFRICA HELD AT JOHANNESBURG REPORTABLE Case Number: JR 596/09 In the matter between: SHELL SA ENERGY (PTY) LIMITED Applicant and NATIONAL BARGAINING COUNCIL FOR CHEMICAL INDUSTRY
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 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 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 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 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 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 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 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 informationIN THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG JUDGMENT STATISTICS SOUTH AFRICA
IN THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG JUDGMENT Not Reportable Case no: J2110/2016 Case no: J2078/16 In the matter between STATISTICS SOUTH AFRICA Applicant and NEHAWU obo NETSHIVUNGULULU AND
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 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 informationDEPARTMENT OF HEALTH- EASTERN CAPE
ARBITRATION AWARD CASE NO: PSHS277-17/18 PANELIST: W R PRETORIUS DATE OF AWARD: 11 DECEMBER 2017 In the matter between: PAWUSA obo MOLO, E N APPLICANT and DEPARTMENT OF HEALTH- EASTERN CAPE RESPONDENT
More informationREPUBLIC OF SOUTH AFRICA THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG JUDGMENT MICHAEL MATHIESON LYALL JUDGMENT
REPUBLIC OF SOUTH AFRICA THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG JUDGMENT Not Reportable/Reportable Case No: JS171/14 In the matter between: CITY OF JOHANNESBURG Applicant and MICHAEL MATHIESON
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 informationTHE GAUTENG DEPARTMENT OF EDUCATION
1 THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG Case no: JS 719/14 In the matter between CATHRINA BABY BOTHA Applicant and THE GAUTENG DEPARTMENT OF EDUCATION First Respondent PRINSHOF SCHOOL Second Respondent
More informationTHE LABOUR COURT OF SOUTH AFRICA (HELD AT JOHANNESBURG) JOHANNESBURG CITY PARKS ADVOCATE JAFTA MPHAHLANI N.O.
THE LABOUR COURT OF SOUTH AFRICA (HELD AT JOHANNESBURG) In the matter between: CASE NO. JR 1028/06 JOHANNESBURG CITY PARKS Applicant And ADVOCATE JAFTA MPHAHLANI N.O. THE SOUTH AFRICAN LOCAL GOVERNMENT
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 informationTHE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG JUDGMENT OBO DR GRZEGORC LUDWICK PIETZ DEPARTMENT OF HEALTH GAUTENG PROVINCE
THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG JUDGMENT Case no: JR 2343/12 In the matter between: SOUTH AFRICAN MEDICAL ASSOCIATION OBO DR GRZEGORC LUDWICK PIETZ Applicant and DEPARTMENT OF HEALTH GAUTENG
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 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 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 informationANGLO AMERICAN CORPORATION OF SA LIMITED
IN THE LABOUR COURT OF SOUTH AFRICA CASE NO J2027/00 In the matter between: ANGLO AMERICAN CORPORATION OF SA LIMITED Applicant and THE COMMISSION FOR CONCILIATION MEDIATION AND ARBITRATION TUCKER RAYMOND
More informationIn the National Bargaining Council for the Chemical Industry
In the National Bargaining Council for the Chemical Industry In the matter between: CEPPWAWU obo N. Gray Applicant and Clover Leaf Candles Respondent RULING - APPLICATION FOR CONDONATION Case No.: WCChem
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 informationPIK-IT UP JOHANNESBURG (PTY) LTD. Third Respondent JUDGMENT. [1] This is an application in terms of which the applicant seeks to have the
IN THE LABOUR COURT OF SOUTH AFRICA HELD AT JOHANNESBURG In the matter between: PIK-IT UP JOHANNESBURG (PTY) LTD Reportable Case number JR1834/09 Applicant and SALGBC K MAMBA N.O IMATU obo COOK First Respondent
More informationJUDGMENT. [1] The applicant in this matter seeks an order to have the arbitration award issued
IN THE LABOUR COURT OF SOUTH AFRICA HELD IN JOHANNESBURG NOT REPORTABLE CASE NO: J578/08 In the matter between: JONATHAN HOWELL APPLICANT AND AUTOHAUS GOBEL NORTHCLIFF (PTY) PLT t/a PEUGET NORTHCLIFF RESPONDENT
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 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 informationIn the matter between: UNIVERSITY OF PRETORIA JUDGMENT. [1] This is an application in terms of which applicant seeks the following declaratory orders:
IN THE LABOUR COURT OF SOUTH AFRICA HELD IN JOHANNESBURG In the matter between: UNIVERSITY OF PRETORIA AND COMMISSION FOR CONCILIATION MEDIATION & ARBITRATION COMMISSIONER JANSEN VAN VUUREN N.O JUDITH
More informationIN THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG JUDGMENT Case no. JR1005/13. SOUTH AFRICAN MUNICIPAL WORKERS UNION (SAMWU) obo SD MOLLO & PE NAILE
IN THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG JUDGMENT Case no. JR1005/13 In the matter between: SOUTH AFRICAN MUNICIPAL WORKERS UNION (SAMWU) obo SD MOLLO & PE NAILE Applicant and SOUTH AFRICAN LOCAL
More informationIN THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG AMCU OBO L.S. RANTHO & 158 OTHERS SAMANCOR WESTERN CHROME MINES JUDGMENT: POINT IN LIMINE
IN THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG Not Reportable Case no: JS 2015/14 & JS 406/14 In the matter between AMCU OBO L.S. RANTHO & 158 OTHERS TEBOGO MOSES MATHIBA First Applicant Second Applicant
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 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 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 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 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 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 informationJUDGMENT THE HIGH COURT OF SOUTH AFRICA GAUTENG LOCAL DIVISION, JOHANNESBURG CASE NO: 30400/2015. In the matter between: And
THE HIGH COURT OF SOUTH AFRICA GAUTENG LOCAL DIVISION, JOHANNESBURG CASE NO: 30400/2015 (1) REPORTABLE: NO (2) OF INTEREST TO OTHER JUDGES: NO (3) REVISED. 26 May 2016.. DATE... SIGNATURE In the matter
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 In the matter between: Case No: JR 730/12 Not Reportable DUNYISWA MAQUNGO Applicant andand LUVUYO QINA N.O First Respondent
More informationPEP STORES (PTY) LIMITED JUDGEMENT. [1] This is an application in terms of section 158(1)(c) of the Act to have a
IN THE LABOUR COURT OF SOUTH AFRICA HELD AT JOHANNESBURG In the matter between: MARY KGADITSE J1527/98 APPLICANT and PEP STORES (PTY) LIMITED RESPONDENT JUDGEMENT SEADY A J [1] This is an application in
More informationREQUEST FOR ARBITRATION
LRA Form 7.13 Section 136 Labour Relations Act, 1995 REQUEST FOR ARBITRATION Read This First WHAT IS THE PURPOSE OF THIS FORM? If conciliation fails, a party may request that the CCMA resolve the dispute
More informationTHE LABOUR COURT OF SOUTH AFRICA, DURBAN JUDGMENT
REPUBLIC OF SOUTH AFRICA Reportable Of interest to other judges THE LABOUR COURT OF SOUTH AFRICA, DURBAN JUDGMENT Case no: D 822/10 In the matter between: BUILDERS TRADE DEPOT Applicant and CCMA Commissioner
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 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 also has review jurisdiction by virtue of its exclusive jurisdiction in terms of the Mine Health and Safety Act 202 and the SDA.
254 The labour court also has review jurisdiction by virtue of its exclusive jurisdiction in terms of the Mine Health and Safety Act 202 and the SDA. 203 In terms of s158(1b) of the LRA, as introduced
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 informationCONSTITUTIONAL COURT OF SOUTH AFRICA. Food and Allied Workers Union obo J Gaoshubelwe v Pieman s Pantry (Pty) Limited MEDIA SUMMARY
CONSTITUTIONAL COURT OF SOUTH AFRICA Food and Allied Workers Union obo J Gaoshubelwe v Pieman s Pantry (Pty) Limited 1 CCT 236/16 Date of hearing: 3 August 2017 Date of judgment: 20 March 2018 MEDIA SUMMARY
More informationTHE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG JUDGMENT
Not reportable THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG JUDGMENT Case no: JR 3173-12 & J 2349-11 In the matter between: GAUTENG DEPARTMENT OF HEALTH First Applicant And JOHN M SIAVHE N.O PUBLIC HEALTH
More informationREPUBLIC OF SOUTH AFRICA THE LABOUR COURT OF SOUTH AFRICA JUDGMENT BELLS BANK NUMBER ONE (PTY) LTD
REPUBLIC OF SOUTH AFRICA THE LABOUR COURT OF SOUTH AFRICA JUDGMENT Not Reportable Case no: C144/08 In the matter between: BELLS BANK NUMBER ONE (PTY) LTD Applicant and THE NATIONAL UNION OF MINE WORKERS
More informationHELD AT BRAAMFONTEIN
Reportable Delivered 180211 Edited 280311 IN THE LABOUR COURT OF SOUTH AFRICA HELD AT BRAAMFONTEIN CASE NO J253/11 In the matter between: CITY OF JOHANNESBURG METROPOLITAN MUNICIPALITY 1 ST APPLICANT JOHANNESBURG
More informationIN THE LABOUR COURT OF SOUTH AFRICA HELD AT BRAAMFONTEIN CONSTRUCTION AND ALLIED WORKERS UNION FIRST APPLICANT LOVELY MPHILA SECOND APPLICANT JUDGMENT
IN THE LABOUR COURT OF SOUTH AFRICA HELD AT BRAAMFONTEIN CASE NO: J347/97 In the matter between: CONSTRUCTION AND ALLIED WORKERS UNION FIRST APPLICANT LOVELY MPHILA SECOND APPLICANT and FEDERALE STENE
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 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 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 informationIN THE LABOUR COURT OF SOUTH AFRICA HELD AT CAPE TOWN
IN THE LABOUR COURT OF SOUTH AFRICA HELD AT CAPE TOWN In the matter between: REPORTABLE CASE NUMBER: C662/07 ELSTON, INGRID Applicant and McEWAN NO, GAIL SHELL SA ENERGY (PTY) LTD NATIONAL BARGAINING COUNCIL
More informationTHE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG METAL AND ENGINEERING INDUSTRIES BARGAINING
THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG Reportable In the matter between: SITHOLE, JOEL Case no: JR 318/15 Applicant and METAL AND ENGINEERING INDUSTRIES BARGAINING JOSEPH MPHAPHULI NO SPRAY SYSTEM
More informationIN THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG
IN THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG Reportable Case no: JA 80/16 In the matter between: PARDON RUKWAYA AND 31 OTHERS Appellants and THE KITCHEN BAR RESTAURANT Respondent Heard: 03 May 2017
More informationTHE 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 informationCASE NO: JS1034/2001. ENSEMBLE TRADING 341 (PTY) LIMITED Second Respondent JUDGMENT
IN THE LABOUR COURT OF SOUTH AFRICA In the matter between: and CASE NO: JS1034/2001 Applicant First Respondent ENSEMBLE TRADING 341 (PTY) LIMITED Second Respondent JUDGMENT FRANCIS J Introduction 1. The
More informationIN THE LABOUR COURT OF SOUTH AFRICA HELD AT DURBAN CASE NO: D818/00
NOT REPORTABLE IN THE LABOUR COURT OF SOUTH AFRICA HELD AT DURBAN CASE NO: D818/00 IN THE MATTER BETWEEN APPLICANT AND RESPONDENT JUDGMENT [1] In this matter the applicant filed an application in which
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 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, 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 informationIN THE LABOUR COURT OF SOUTH AFRICA (HELD AT BRAAMFONTEIN)
Page 1 of 63 IN THE LABOUR COURT OF SOUTH AFRICA (HELD AT BRAAMFONTEIN) CASE NO: In the matter between UASA Applicant and IMPALA PLATINUM LIMITED NATIONAL UNION OF MINEWORKERS JH CONRADIE N.O 1st Respondent
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 Not Reportable Case no: JR1564/15 and JR1460/15 In the matter between: KENOSI MODISENYANE Applicant and TRANSNET BARGAINING COUNCIL First Respondent E.
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 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 informationJUDGMENT. [2] On 11 August 2005, a rule nisi was granted in the following terms on an unopposed basis:
00IN THE LABOUR COURT OF SOUTH AFRICA HELD AT JOHANNESBURG CASE NO: J 1507/05 In the matter between: MAKHADO MUNICIPALITY Applicant and SOUTH AFRICAN MUNICIPAL WORKERS UNION (SAMWU) AS RABAKALI and 669
More informationTHE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG JUDGMENT
THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG JUDGMENT Not reportable Case no: JR 1906/2016 In the matter between ELIZABETH LEE MING Applicant and MMI GROUP LTD KAREN DE VILLIERS N.O. First Respondent
More information1. This was matter came before me by way of an opposed review in terms of the provisions of section 145 of
1 166336 IN THE LABOUR COURT OF SOUTH AFRICA HELD AT CAPE TOWN CASE NO: C131/2000 In the matter between: COUNTY FAIR FOODS (PTY) LIMITED Applicant And COMMISSIONER JAN THERON N.O. COMMISSION FOR CONCILIATION,
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 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 GAUTENG DIVISION HIGH COURT, PRETORIA (REPUBLIC OF SOUTH AFRICA)
1 IN THE GAUTENG DIVISION HIGH COURT, PRETORIA (REPUBLIC OF SOUTH AFRICA) Case Number: 31971/2011 Coram: Molefe J Heard: 21 July 2014 Delivered: 11 September 2014 (1) REPORTABLE: YES / NO (2) OF INTEREST
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 informationTHE LABOUR COURT OF SOUTH AFRICA JOHANNESBURG. THE PUBLIC SERVANTS ASSOCIATION OF SOUTH AFRICA obo A POTGIETER THE DEPARTMENT OF TRADE AND INDUSTRY
THE LABOUR COURT OF SOUTH AFRICA JOHANNESBURG Not Reportable Case No: JR2212/12 In the matter between: THE PUBLIC SERVANTS ASSOCIATION OF SOUTH AFRICA obo A POTGIETER Applicant and THE DEPARTMENT OF TRADE
More informationIN THE NATIONAL CONSUMER TRIBUNAL HELD IN CENTURION
SAFLII Note: Certain personal/private details of parties or witnesses have been redacted from this document in compliance with the law and SAFLII Policy IN THE NATIONAL CONSUMER TRIBUNAL HELD IN CENTURION
More informationARBITRATION AWARD IN THE PUBLIC HEALTH AND SOCIAL DEVELOPMENT SECTORIAL BARGAINING COUNCIL (HELD AT GEORGE) CASE NO: PSHS126-11/12
ARBITRATION AWARD Panellist/s: Case No.: Date of Award: Paul Kirstein PSHS126-11/12 1-Mar-2012 In the ARBITRATION between: IN THE PUBLIC HEALTH AND SOCIAL DEVELOPMENT SECTORIAL BARGAINING COUNCIL (HELD
More informationREPUBLIC OF SOUTH AFRICA THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG JUDGMENT KUSOKHANYA ELECTRICAL CONSTRUCTIONS CC
REPUBLIC OF SOUTH AFRICA THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG JUDGMENT Reportable Case no: JR 875/2012 In the matter between: KUSOKHANYA ELECTRICAL CONSTRUCTIONS CC Applicant and THEMBA HLATSWAYO
More informationIN THE LABOUR COURT OF SOUTH AFRICA. Not reportable. Case No: JR 369/10
IN THE LABOUR COURT OF SOUTH AFRICA HELD AT JOHANNESBURG Not reportable Case No: JR 369/10 In the matter between: DEPARTMENT OF LOCAL GOVERNMENT AND HOUSING : LIMPOPO First Applicant MEC : DEPARTMENT OF
More informationIN THE LABOUR COURT OF SOUTH AFRICA HELD IN JOHANNESBURG
Page 1 IN THE LABOUR COURT OF SOUTH AFRICA HELD IN JOHANNESBURG Case No. J 1888/00 MIMMO S FRANCHISING CC MIMMO S ROSEBANK CC 1 st Applicant 2 nd Applicant 3 rd Applicant MIMMO S WESTGATE CC 4 th Applicant
More informationINTHE LABOUR APPEAL COURT OF SOUTH AFRICA, JOHANNESBURG
INTHE LABOUR APPEAL COURT OF SOUTH AFRICA, JOHANNESBURG Reportable Case no: JA 50/2015 In the matter between: LONMIN PLATINUM LTD Appellant and NATIONAL UNION OF MINEWORKERS First Respondent COMMISSION
More informationTHE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG JUDGMENT. Reportable Case No J1869/15 In the matter between: NATIONAL UNION OF METALWORKERS OF SA
THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG JUDGMENT Reportable Case No J1869/15 In the matter between: NATIONAL UNION OF METALWORKERS OF SA Applicant and VANACHEM VANADIUM PRODUCTS (PTY) LTD Respondent
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 informationIN THE LABOUR COURT OF SOUTH AFRICA HELD AT JOHANNESBURG SHOPRITE CHECKERS (PTY) LTD
IN THE LABOUR COURT OF SOUTH AFRICA HELD AT JOHANNESBURG CASE NO: JR 628/07 In the matter between: SHOPRITE CHECKERS (PTY) LTD Applicant and COMMISSION FOR CONCILIATION, MEDIATION AND ARBITRATION COMMISSIONER
More informationKylie and the jurisdiction of the CCMA. Adv. Denine Smit Department of Mercantile Law University of the Free State
Kylie and the jurisdiction of the CCMA. 1 Adv. Denine Smit Department of Mercantile Law University of the Free State 17-01-2011 The story line Kylie was a prostitute who worked 14 hours a day, 7 days a
More informationSUTHERLAND J: This is a matter in which certain workers were retrenched by the
30 Sneller Verbatim/idem IN THE LABOUR COURT OF SOUTH AFRICA BRAAMFONTEIN CASE NO: J1626/99 2000-12-13 In the matter between PHEELO AND OTHERS Applicant and LEEUDOORN GOLD MINE Respondent J U D G M E N
More information