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South Africa decisions
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Bekentla v King Sabata Dalindyebo Local Municipality (K.S.D) (3580/2020) [2025] ZAECMHC 58 (1 July 2025)
The court dismissed an employee’s claim for an acting allowance, finding the municipality’s staff-establishment changes and later placement in a permanent post ended the acting arrangement.
Melato v Masilonyane Local Municipality (2458/2023) [2024] ZAFSHC 215 (12 July 2024)
The court found that both acting appointments were made by the municipal council after consultation with the municipal manager, satisfying the requirements of section 56(1)(a) of the Municipal Systems Act. Although the MEC for Local Government raised objections regarding the applicant's qualifications, no steps were taken by the MEC within the statutory period to challenge or set aside the appointments. The respondent, not being the proper party under section 56(6), could not retrospectively challenge the validity of the appointments or seek repayment of the acting allowance. The High Court h…
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Visser v National Commissioner South African Police Service and Others (D18/20) [2022] ZALCD 30 (27 July 2022)
Labour Court review upheld after finding an arbitrator ignored inconsistent treatment evidence in an acting-allowance dispute and wrongly rejected a demotion claim.
Department of Military Veterans v Moche and Others (JR1450/17) [2022] ZALCJHB 44 (7 March 2022)
The court found that the Bargaining Council lacked jurisdiction to arbitrate the dispute because the referral was made outside the prescribed 90-day period and no application for condonation was submitted. The commissioner erred by failing to enquire into his jurisdiction before making a retrospective award. The act or omission giving rise to the dispute occurred in July or August 2013, or at the latest June 2015, when the first respondent became aware of his right to be compensated for additional responsibilities. The 90-day period does not run from the date the employer communicates its dec…
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Dept of Human Settlements v Kemi N.O and Others (D 40/2017) [2022] ZALCD 41 (23 February 2022)
The Labour Court reinstated a review application deemed withdrawn and lapsed for late filing of the record, finding good cause, reasonable prospects, and no excessive delay.
Sibanye Gold Limited v Commission for Conciliation, Mediation and Arbitration and Others (JR1380/19) [2021] ZALCJHB 254; [2021] 11 BLLR 1153 (LC); (2021) 42 ILJ 2467 (LC) (23 August 2021)
The Commissioner misconceived the nature of the enquiry by applying section 41 of the BCEA to a retrenchment package that was the product of agreement following section 189A consultation. The statutory minimum in section 41 BCEA applies only where no agreement exists for a higher amount. In this case, severance and notice pay were to be calculated on basic salary, and there was no agreement to include the acting allowance. The Commissioner erred in disregarding the binding agreement and including the acting allowance in the calculation. The award is reviewed and set aside to the extent that i…
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Independent Municipal and Allied Trade Union obo Dhlamini v Moqhaka Municipality and Others (JR 932/19) [2021] ZALCJHB 60 (24 May 2021)
The Labour Court reviewed and set aside an arbitration award denying an acting allowance, finding the municipality unfairly refused to pay the employee for the earlier period.
POPCRU obo Nkuna v Safety and Security Sectoral Bargaining Council and Others (JR933/17) [2020] ZALCJHB 106 (22 June 2020)
The Labour Court refused condonation for a late review application, finding the explanation for delay incomplete and the prospects of success limited.
Mangaung Metropolitan Municipality v IMATU obo Dolphin and Others (JR120/2017) [2019] ZALCJHB 109 (22 May 2019)
The Labour Court dismissed an application for condonation in a rescission matter, finding no reasonable explanation for the delay and poor prospects of success.
South African Police Services v Du Preez and Others In Re: Du Preez v South African Police Services (PR157/17;P226/17) [2019] ZALCPE 3 (8 March 2019)
The court found that Du Preez lacked locus standi to refer the dispute under section 24 of the LRA, as he was not a party to the collective agreement, but merely a beneficiary. Consequently, the arbitrator lacked jurisdiction to issue the award, rendering it a nullity. Even if jurisdiction existed, the requirements for an acting allowance under the collective agreement were not met: the appointment was not made by an authorised person, the post was not vacant and funded, and the acting period exceeded the permissible duration. Therefore, the award was legally incorrect and unenforceable. The…
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