Explore 37 related cases • Click to navigate
The Court applied this case's recognition that scrutiny of a decision based on reasonableness introduces a substantive ingredient into review proceedings, and…
The court follows this case for the correct approach to review, focusing on the process and the way in which the decision-maker came to the challenged…
Applied to determine whether the Tribunal is a court of law, considering factors such as security of tenure, legal formalities, and legal representation.
The court applies the reasonableness test established in Sidumo, asking whether the arbitration award is one which no reasonable commissioner could reach on…
Cited together with Herholdt and Mofokeng as authority for the reasonableness test to be applied in reviewing arbitration awards
Cited by Cameron J to establish that an arbitration under the auspices of the CCMA is a hearing de novo.
Cited for the principle that a gross irregularity involves a flaw in the conduct of the proceedings rather than only a flaw in reasoning.
The court applied the reasonableness test for reviews as established in Sidumo.
Applied for the test that a review must assess whether the decision reached by the commissioner was one a reasonable decision-maker could not reach.
Court applies the principle from Sidumo that where a commissioner fails to have regard to material facts, this constitutes a gross irregularity in the…
The Court applies the Sidumo test that the review question is whether the decision reached by the commissioner is one that a reasonable decision maker could…
Cited for the proposition that forum-shopping is undesirable and that the starting point is to determine whether conduct constitutes administrative action…
The court applies the reasoning from Sidumo that CCMA arbitrations must be fair, commissioners must apply their minds to material issues, and failure to do so…
The court cites this case as an example of where reference to reports of specialised drafting committees is permissible in statutory interpretation.
Court applies the Sidumo test that an arbitrator's award will only be unreasonable if it is one that a reasonable arbitrator could not reach on all the…
The court noted that the reasonable test set out in Sidumo does not apply to reviews of interlocutory rulings; instead, a gross irregularity arising from a…
Cited by applicant regarding applications to the South African Constitutional Court, but the court found it not of assistance in determining whether applicants…
The court cites this decision of the LAC where the so-called broad standard of review was favoured, which was later appealed to the SCA and then the…
The applicant cited this case in its petition to the Supreme Court of Appeal, arguing that the Labour Appeal Court strayed from the test set out for review.
Labour Court applied the Sidumo test for reasonableness of a decision-maker's decision in the review context
The court applies the reasonableness test for review as set out in Sidumo, that the decision must be one that a reasonable decision-maker could not reach.
The respondent relied on this case to submit that a disciplinary enquiry under Resolution 2 constitutes administrative action reviewable under s 158(1)(h) of…
Authoritative test for review of CCMA awards under the LRA; the Constitutional Court held that PAJA does not apply to CCMA awards and enunciated the…
The Commissioner's decision must fall within a range of decisions that a reasonable decision maker could make, as the test for whether an arbitration award is…
The court applies the test from this case asking whether the decision reached by the commissioner is one that a reasonable decision-maker could not reach.
The court below relied on this case which held that CCMA arbitration proceedings did not constitute administrative action, reasoning that CCMA proceedings have…
Court applies the principle that an award will only be considered unreasonable if it is one that a reasonable arbitrator could not reach on all the material…
Applied to establish the test empowering the court to interfere with an arbitrator's award only if the arbitrator misconceived the nature of the enquiry or…
Cited for the proposition that the functions performed by the CCMA fall within the terms of section 34.
Court cites this case for the test on reviewability of arbitrator decisions, namely whether the decision is one that a reasonable decision maker could not make…
Cited on fairness in arbitration and review of arbitration awards under the Labour Relations Act and the approach to statutory arbitrations.
Cited for the trite and stringent test for review of arbitration awards.
The Labour Court relied on Sidumo in the first review judgment to determine whether a reasonable decision-maker could arrive at the same conclusion on the…
Cited to confirm that the Commission for Conciliation, Mediation and Arbitration is an administrative tribunal, not a court.
Applied for the test that once a decision is found not to be reasonable, it can be reviewed and set aside.
Cited for the principle that the appropriate test for reviewing CCMA arbitration awards is whether the award is one which no reasonable commissioner could…
The Constitutional Court judgment is applied to set out how an arbitrator must determine the fairness of a dismissal sanction, considering all relevant…
The Court cites this case for the proposition that arbitrations are hearings de novo.
Cited for the proposition that the dispute resolution scheme under the Labour Relations Act excludes the application of PAJA.
Cited for the recognition of the right to fair treatment in the workplace.
The court applies the test laid down in Sidumo para 110 for determining the fairness of dismissal: 'is the decision reached by the commissioner one that a…
The arbitrator applied the factors enumerated in Sidumo to determine whether there was good reason to deviate from the prescribed sanction of dismissal in the…
The court applies the principle from this case that where the legislature provides specialised provisions to deal with a particular area of legal relations,…
Cited for the 'bounds of reasonableness' test for reviewing arbitration awards and for the proposition that the right not to be unfairly dismissed is one of…
Cited for the proposition that the LRA gives effect to section 23 of the Constitution and section 23 (right to fair labour practices) is implicated, and to…
The court applies the test from Sidumo that an award may be set aside if it is one that 'a reasonable decision-maker could not reach'.
Noted that the Constitutional Court reversed the Rustenburg Platinum Mines SCA judgment on appeal but did not cast doubt on the remarks concerning the nature…
Cited for the proposition that the powers of the Labour Court are directed at remedying a wrong and providing finality speedily.
The Constitutional Court held that the arbitrator's conclusion must fall within a range of decisions that a reasonable decision-maker could make; this test is…
Followed to confirm the reasonableness test as the most acceptable approach in the review of arbitration awards.
The Constitutional Court decision is cited as authority for determining when an arbitrator's award is patently unreasonable and vitiated by irregularity.
Applied for the constitutional test for reviewing arbitration awards, requiring that an award can only be set aside if it is one that a reasonable decision…
The Court applies the Sidumo test to determine whether the arbitrator's award falls within the band of reasonable awards, as extensively spelt out in this case.
Court disapproves of the suggestion that absence of rational and justifiable basis for differentiation gives rise to an inference of racial discrimination.
Standard review test in arbitration matters; cited but distinguished where the issue on review is one of jurisdiction rather than the reasonableness of the…
Court applies the Sidumo test for reviewing arbitration awards, specifically whether the decision reached is one that a reasonable decision-maker could not…
The Court applies the test for review of CCMA awards as set out in Sidumo, namely whether the decision reached by the arbitrator is one that a reasonable…
Applied to emphasize that although there may be a fine line between review and appeal, the clear line between them must be maintained.
The court applies the Sidumo test for determining the fairness of a dismissal, considering the totality of circumstances and whether the employer's decision…
Cited as authority that the Constitutional Court has recognised that the rights enjoyed by employees were hard-won and followed years of intense and often grim…