Labour Court Main Division - 2025

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.

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.

Application to strike out – Third respondent (UNAM) applying to have averments struck out in founding affidavit in terms of Rule 58 - Grounds – Averments found to be scandalous, vexatius, or irrelevant and prejudicial –   Application to strike out granted accordingly.

Labour Law – Appeal – Interference with arbitrator’s finding – Where no evidence presented – Specified Damages – Sufficient evidence must be led – Onus on the appellants – Fatal omission – Failure to discharge onus – Appeal dismissed.

Labour law – Review – Labour Act 11 of 2007 – Section 89 – There must be a defect in the proceedings for it to be reviewable – Defect entails that the arbitrator must have committed misconduct, acted grossly, irregular or exceeded his power, or the award must have been improperly obtained – The applicant has failed to evince that any of the aforementioned defects are present in the case – The application is dismissed.

Practice – Recusal of presiding officer – Principles for recusal restated – No case has been made out for the recusal of the presiding officer

Labour law – Labour appeal – Against arbitration award – Retrenchment – Non-compliance with the procedure set out in s 34 of the Act amounts to procedural unfairness.

Review – Arbitrator’s refusal to recuse himself – The correct approach to the application for the recusal is objective and the onus of establishing it rests upon the applicant - The question is whether a reasonable, objective and informed person would on the correct facts, reasonably apprehend that the arbitrator has not or will not bring an impartial mind to bear on the adjudication of the case, that is a mind open to persuasion by the evidence and submissions of counsel.

Labour Law - Unfair dismissal – Jurisdiction of arbitrator in terms of the Labour Act 11 of 2007 (‘the Act’) – Prescription of period during which a referral can be made in terms of the Act – Whether arbitrator can issue a declaratory order and if so, circumstances in which that can be done.