South Africa Case Law

Govender v Gauteng Provincial Government: Department of Roads and Transport (J677/23; J952/23)

Govender v Gauteng Provincial Government: Department of Roads and Transport (J677/23; J952/23) [2023] ZALCJHB 325; [2024] 3 BLLR 298 (LC) (24 November 2023)

Court

Labour Court Johannesburg

Case number

J677/23; J952/23

Judge

Prinsloo

The Labour Court dismissed an application to vary its earlier judgment, finding no ambiguity or patent error and holding the matter was finalised when judgment was granted.

• Variation Of Judgment
• Functus Officio
• Ambiguity In Award
• Section 165 Lra
• Costs Order
• Labour-law

Ludick v Vodacom (Proprietary) Limited and Others (C832/2019)

Ludick v Vodacom (Proprietary) Limited and Others (C832/2019) [2021] ZALCCT 65; (2021) 42 ILJ 2621 (LC); [2021] 12 BLLR 1226 (LC) (10 September 2021)

Court

Labour Court Cape Town

Case number

C832/2019

Judge

Lagrange

The court found that the arbitrator misdirected herself by treating the dispute as one of interpretation rather than ambiguity. The wording of the original award created uncertainty regarding the retrospective effect of reinstatement and the entitlement to backpay. The arbitrator's intention was to award reinstatement with six months' backpay, which necessarily implied retrospective reinstatement for that period. The failure to clearly express this in the award led to confusion and an impasse between the parties. The court held that the ruling must be set aside and the award varied to reflect…

Source excerpt

• Variation Of Arbitration Award
• Retrospective Reinstatement
• Backpay
• Ambiguity In Award
• Unfair Dismissal