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Labour Law [2025] ZACC 11

Mavundla v Gotcha Security Services (Pty) Ltd (CCT 170/24)

Mavundla v Gotcha Security Services (Pty) Ltd (CCT 170/24) [2025] ZACC 11 (18 June 2025)

Court
Constitutional Court
Case number
CCT 170/24
Judges
Maya, Madlanga, Dambuza, Goosen, Kollapen, Majiedt, Mhlantla, Opperman, Rogers, Theron, Tshiqi

The Constitutional Court held that the Labour Court misapplied the principles governing enforcement orders and reinstatement. The enforcement order issued by Moshoana J did not replace or extinguish the original arbitration award's effect, nor did it constitute a compromise or waiver of the applicant's entitlement to arrear remuneration. The applicant's contract of employment was restored from 1 August 2019, as per the arbitration award, and the subsequent enforcement order merely set a new date for factual reinstatement without altering the contractual restoration date. The applicant was the…

Source excerpt

  • Reinstatement
  • Arrear Remuneration
  • Enforcement Of Arbitration Award
  • Compromise And Waiver
  • Fair Labour Practices
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Labour Law [2025] ZANWHC 78

Kabamba v MEC for Health North West (2936/2019)

Kabamba v MEC for Health North West (2936/2019) [2025] ZANWHC 78 (2 May 2025)

Court
North West High Court, Mafikeng
Case number
2936/2019
Judge
JT Djaje

The court found that the plaintiff had complied with all contractual requirements, including possession of a valid refugee permit and the requisite letter of endorsement, which was issued once and present in her file. The defendant's refusal to allow the plaintiff to commence work and pay her salary was unlawful, as the contractual conditions had been met. The distinction between the endorsement certificate and the endorsement letter was clarified, with the letter being the relevant document for employment purposes. The court held that the contract commenced upon acceptance of the offer by th…

Source excerpt

  • Specific Performance
  • Employment Contract
  • Arrear Remuneration
  • Refugee Permit
  • Endorsement Letter
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Labour Law [2023] ZALCJHB 291

Njokweni and Others v Mobile Telephone Networks (Pty) Ltd (Leave to Appeal) (JS 612/20)

Njokweni and Others v Mobile Telephone Networks (Pty) Ltd (Leave to Appeal) (JS 612/20) [2023] ZALCJHB 291 (20 October 2023)

Court
Labour Court Johannesburg
Case number
JS 612/20
Judge
Nkutha-Nkontwana

The court found that the respondent failed to demonstrate a reasonable prospect that another court would reach a different conclusion regarding the entitlement of the applicants to arrear remuneration following a section 197 transfer, the issue of prescription, and the interruption thereof by the Pillay application. The legal points raised by the respondent had already been determined by the Labour Appeal Court in Pillay II, and the respondent's grounds for appeal did not meet the high threshold required for leave to appeal. The factual and legal matrix had been thoroughly considered, and the…

Source excerpt

  • Section 197 Transfer
  • Prescription Of Claims
  • Leave To Appeal Test
  • Arrear Remuneration
  • Labour Court Rules
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Labour Law [2023] ZALCJHB 250

Njokweni and Others v Mobile Telephone Networks (Pty) Ltd (JS 612/20)

Njokweni and Others v Mobile Telephone Networks (Pty) Ltd (JS 612/20) [2023] ZALCJHB 250 (21 July 2023)

Court
Labour Court Johannesburg
Case number
JS 612/20
Judge
Nkutha-Nkontwana

The court held that, following a section 197 transfer, the employment contracts of the applicants continued uninterrupted by operation of law, and the new employer (MTN) was obliged to pay arrear remuneration for the period in question. The applicants were not required to tender their services retrospectively, as the declaratory order established their employment status and entitlement to remuneration. The court further found that prescription did not commence until the declaratory order confirmed MTN as the debtor, and any interruption of prescription occurred upon the institution of proceed…

Source excerpt

  • Section 197 Transfer
  • Arrear Remuneration
  • Prescription Act
  • Declaratory Relief
  • Mora Interest
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Labour Law [2021] ZALCJHB 6

National Union of Metalworkers of South Africa (NUMSA) obo Members and Others v South African Airways (SOC) Ltd and Others (J38/2021)

National Union of Metalworkers of South Africa (NUMSA) obo Members and Others v South African Airways (SOC) Ltd and Others (J38/2021) [2021] ZALCJHB 6; (2021) 42 ILJ 1256 (LC); [2021] 6 BLLR 627 (LC); 2021 (4) SA 575 (LC) (8 February 2021)

Court
Labour Court Johannesburg
Case number
J38/2021
Judge
Van Niekerk

The Labour Court found that it does not have jurisdiction to entertain the applicants' claims against SAA in business rescue without the written consent of the business rescue practitioners or leave of the High Court, as required by section 133 of the Companies Act. The court held that the moratorium on legal proceedings is a central feature of business rescue, intended to provide breathing space for the company and to protect the interests of all stakeholders, including creditors and shareholders. The applicants' reliance on the BCEA and LRA does not override the Companies Act's moratorium,…

Source excerpt

  • Business Rescue Moratorium
  • Arrear Remuneration
  • Preferential Creditor Status
  • Settlement Agreement
  • Jurisdiction Of Labour Court
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Labour Law [2019] ZALAC 35

Mobile Telephone Networks (Pty) Limited v Pillay and Others (DA02/18)

Mobile Telephone Networks (Pty) Limited v Pillay and Others (DA02/18) [2019] ZALAC 35; [2019] 8 BLLR 761 (LAC); (2019) 40 ILJ 2011 (LAC) (5 April 2019)

Court
Labour Appeal Court
Case number
DA 02/18
Judges
Waglay, Coppin, Murphy

The Labour Appeal Court held that the respondents' employment continued uninterrupted under section 197 of the LRA following the transfer of the business. The tender of services was implicit in the respondents' conduct in seeking a declaratory order, and the appellant's resistance to their claims amounted to a repudiation, relieving the respondents of any obligation to tender performance. The application for a declaratory order interrupted prescription under section 15 of the Prescription Act, and the claims for remuneration had not prescribed. The remuneration became due on the dates fixed i…

Source excerpt

  • Section 197 Transfer
  • Arrear Remuneration
  • Mora Interest
  • Prescription
  • Exceptio Non Adimpleti Contractus
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.