Labour Court Main Division - 2025 June

Practice — Application for condonation — Court satisfied the requirements of condonation has been met — The appeal is therefore reinstated.

Practice — Labour Court — Stay of execution of arbitration award pending appeal – Section 89 (6), (7) and (8) of Labour Act — The balance of hardship favours the respondent.

Labour law – Section 64(3)(a) of the Labour Act 11 of 2007 – Recognition of a trade union as the exclusive bargaining agent of employees in the bargaining union – Recognition refused by employer on the basis that the employer’s industry falls outside the scope of the constitution of the union – Union bound to the scope set out in its constitution – Recruiting ineligible members is ultra vires the constitution and unlawful – Appeal against the arbitrator’s award and finding that the operation of the employer is covered by the scope of the union, upheld.

Interlocutory – Application for condonation and reinstatement of the lapsed labour Appeal – Application based on the facts and evidence as contained in the affidavit – Replying affidavit not to contain new facts as that will cause prejudice to the first respondent – Considerations and principles on application for condonation and reinstatement of a lapsed appeal reinstated.

Labour law – Arbitration award –  Respondent dismissed after a disciplinary hearing – Arbitrator finding that the dismissal was substantively unfair and ordered compensation and reinstatement – On appeal, court confirming that dismissal was substantively unfair and confirming compensation, but setting aside the award of reinstatement.

Labour law – Arbitration award –  Respondent dismissed after a disciplinary hearing – Arbitrator finding that the dismissal was substantively unfair and ordered compensation and reinstatement – On appeal, court confirming that dismissal was substantively unfair and confirming compensation, but setting aside the award of reinstatement.