The court applies the principle from this Constitutional Court judgment that the 90-day period for referring a dismissal dispute to the Labour Court for…
The court distinguishes this case on the basis that it dealt with a referral to arbitration under s 191(5)(a), whereas the present case concerns a referral for…
Court applies Intervalve's interpretation of section 157(4) of the LRA and section 191, holding that a certificate of non-resolution is sufficient proof that…
Discussed the de minimis principle and the test for apprehension of bias in the context of judicial officer interest.
Applied for the principle that the existence of a reasonable suspicion of bias satisfies the test and that an apprehension of a real likelihood of bias is not…
Applied for the principle that section 34 of the Constitution does not explicitly provide for a right of appeal and that any implied right would be subject to…
Cited for the recognition of good faith consultation in labour dispute resolution.
Court applies the test for bias as formulated in BTR: whether a reasonable suspicion of bias exists.
Cited for the principle that public confidence in the courts is important, and that the only guarantee of impartiality is conspicuous impartiality.
Cited for the principle that if a reasonable suspicion of partiality exists, the court cannot measure the extent of the risk.
Cited as endorsing Lord Devlin's test of reasonable suspicion.
Followed for the principle that leave to appeal to the SCA from the Labour Appeal Court is required, and that jurisdiction will only be exercised where there…
The court applies Fry's Metals' principle that this court will not interfere with a decision of the Labour Appeal Court only because it considers it wrong:…
This Court's inherent power to protect and regulate its own process does not extend to the assumption of jurisdiction not conferred upon it by statute.
The court cited the general rule that to determine what was conciliated, one must look at the 7.11 CCMA form and the certificate of outcome.
Court applies the test for leave to appeal to the Supreme Court of Appeal as articulated in this case.
The court follows Fry's Metals, which held that the Constitution confers final appeal authority on the Supreme Court of Appeal in all non-constitutional…
Applied for the principle that service of a referral document must be direct and formal, putting the employer on notice of liability to legal consequences.
Cited for the principle that not only actual bias, but the outward appearance of bias, may vitiate the decision of a tribunal and that justice must be seen to…
Applied as authority that the SCA can, under its inherent power in section 173 of the Constitution, lay down a requirement for special leave to appeal from the…
Authority quoted with approval in Sarfu stating that the law does not measure the amount of interest or apprehension; if suspicion is reasonably apprehended,…
Cited as authority for the reasonable apprehension of bias test in recusal applications.
Applied Lord Devlin's formulation of the meaning of 'suspicion' in assessing whether the Reserve Bank had reasonable grounds to block the accounts.
Mentioned as an example of a case involving outside factors (whether an industrial court president could be unbiased after participating in management's…
Earlier judgment concerning similar provisions in s 183 of the Labour Relations Act, upon which American Natural Soda Ash relied; held this court derives…
Case referred to in relation to questions about jurisdiction and the definition of 'appeal' under the Superior Courts Act.