A CCMA ruling cited a case that doesn't exist. How to check yours

The Labour Court in Johannesburg has thrown out a CCMA ruling after finding that the commissioner relied on a Constitutional Court judgment that does not exist, most likely produced by AI and never checked. Acting Judge Sean Snyman called it "a fundamental failure of justice" (GroundUp).

What happened in the Post Office case?

Six former South African Post Office (SAPO) workers, dismissed in December 2025, took an unfair dismissal claim to the CCMA. In August 2026 the commissioner ruled that SAPO's business rescue did not stop the claim going to arbitration, which was set for 15 October (GroundUp).

SAPO's business rescue practitioners went to court. They argued the ruling rested on a judgment cited as "[2023] ZACC 40" that could not be found. The judge said he could not find it either, and that the citation actually belongs to a case about immigration and spousal visas (GroundUp).

What did the Labour Court decide?

Judge Snyman granted an urgent order on 15 October stopping the arbitration, with reasons handed down last week. According to GroundUp, he found:

• the ruling was a "nullity", because the Companies Act bars legal proceedings against a company in business rescue
• the commissioner "must have relied on AI" and did not verify the case
• the business rescue practitioners had not been cited as a party, as the law requires

The workers have not lost their claim. The court said they can pursue it once SAPO is out of business rescue. A separate review of the ruling is still to be heard, and the judge said it "enjoys substantial prospects of success" (GroundUp).

Can a CCMA commissioner use AI?

The judgment does not ban it. Judge Snyman said an arbitrator who uses AI for research must still check that every judgment it suggests exists, then read it to confirm it says what the AI claims (GroundUp).

What can you do if your CCMA award looks wrong?

Check the cases it relies on. South African judgments are published free on SAFLII, the Southern African Legal Information Institute. Search the case name or citation. If nothing comes up, or the case is about something unrelated, raise it with your union, lawyer or legal aid office.

To challenge an arbitration award, you apply to the Labour Court to have it set aside. Section 145 of the Labour Relations Act sets the deadline:

• within six weeks of the date the award was served on you
• if the problem involves corruption, within six weeks of discovering it
• a late application can be accepted only if the court is shown good cause

The grounds include misconduct by the commissioner, a gross irregularity in the proceedings, or the commissioner going beyond their powers (Labour Relations Act, section 145). A review is not an appeal, so you have to show one of those defects, not just that you disagree with the outcome.