South Africa Case Law

South African Medical Association and Another v Member of the Executive Council for Health North West (JR2580/12)

South African Medical Association and Another v Member of the Executive Council for Health North West (JR2580/12) [2020] ZALCJHB 224 (22 July 2020)

Court

Labour Court Johannesburg

Case number

JR2580/12

Judge

G N Moshoana

The Labour Court dismissed an application for leave to appeal, holding that the MEC had no reasonable prospects of success and awarding costs.

• Deemed Dismissal
• Jurisdictional Facts
• Review Of Administrative Action
• Rule Of Law
• Annual Leave
• Remedy Of Reinstatement

South African Medical Association and Another v Member of Executive Council For Health In North West (JR2580/12)

South African Medical Association and Another v Member of Executive Council For Health In North West (JR2580/12) [2020] ZALCJHB 274 (22 May 2020)

Court

Labour Court Johannesburg

Case number

JR2580/12

Judge

GN Moshoana

The Labour Court held that Dr Mutunzi’s deemed dismissal under the Public Service Act was unlawful because he was on annual leave, and ordered reinstatement.

• Public Service Act
• Legality Review
• Deemed Dismissal
• Annual Leave
• Reinstatement
• Costs Award

South African Medical Association and Another v Member of the Executive Council for Health North West (JR2580/12)

South African Medical Association and Another v Member of the Executive Council for Health North West (JR2580/12) [2020] ZALCJHB 223 (22 May 2020)

Court

Labour Court Johannesburg

Case number

JR2580/12

Judge

G N Moshoana

The Labour Court dismissed an application for leave to appeal, finding no reasonable prospects of success and confirming reinstatement after an unlawful deemed dismissal.

• Deemed Dismissal
• Jurisdictional Facts
• Review Of Administrative Action
• Rule Of Law
• Annual Leave
• Remedy Of Reinstatement

Seardel Group Trading (Pty) Ltd t/a Romatex Home Textiles v Petersen and Others (C502/2009)

Seardel Group Trading (Pty) Ltd t/a Romatex Home Textiles v Petersen and Others (C502/2009) [2010] ZALC 127; [2011] 2 BLLR 211 (LC) ; (2011) 32 ILJ 439 (LC) (2 September 2010)

Court

Labour Court

Case number

C502/2009

Judge

A SteenKamp

The commissioner misdirected himself by equating the applicant's annual shutdown period with the statutory period of annual leave. The prohibition on requiring employees to work during annual leave under the BCEA and Main Agreement does not apply to the annual shutdown period unless annual leave is actually taken during that time. There was no evidence that Petersen or other maintenance workers took annual leave during the shutdown; rather, they customarily performed maintenance work during this period. The commissioner's finding was unreasonable and must be set aside. The dismissal of Peters…

Source excerpt

• Unfair Dismissal
• Annual Leave
• Collective Agreement Interpretation
• Substantive Fairness
• Review Of Arbitration Award

Seardel Group Trading (Pty) Ltd T/A Romatex Home Textiles v Petersen and Others (C502/2009)

Seardel Group Trading (Pty) Ltd T/A Romatex Home Textiles v Petersen and Others (C502/2009) [2010] ZALCCT 27 (2 September 2010)

Court

Labour Court Cape Town

Case number

C502/2009

Judge

A Steenkamp

The commissioner misdirected himself by equating the applicant’s annual shutdown period with annual leave as contemplated in the BCEA and the Main Agreement. The prohibition on requiring employees to work during annual leave is irrelevant to the annual shutdown period, as there was no evidence that employees are required to take annual leave during the shutdown or that Petersen had done so. Petersen customarily performed maintenance work during the shutdown period, and his refusal to work at his normal rate constituted a refusal to obey a lawful instruction. The commissioner’s award was unrea…

Source excerpt

• Unfair Dismissal
• Annual Leave
• Collective Agreement Interpretation
• Review Of Arbitration Award