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South Africa Case Law

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Labour Law [2025] ZALCJHB 103

Steve Tshwete Local Municipality v Miyambu and Others (Application for Leave to Appeal) (002049/2025)

Steve Tshwete Local Municipality v Miyambu and Others (Application for Leave to Appeal) (002049/2025) [2025] ZALCJHB 103 (3 March 2025)

The Labour Court refused leave to appeal in a dispute about urgency, section 197 transfers, unpaid salaries, and a corrected order.

  • Section 197 Transfer
  • Urgent Application
  • Variation Of Order
  • Arrear Salaries
  • Basic Conditions Of Employment
  • Leave To Appeal Test
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Labour Law [2024] ZALCPE 1

Nieftagodien v Yikusa Building Contractors (Pty) Ltd (PS07/20)

Nieftagodien v Yikusa Building Contractors (Pty) Ltd (PS07/20) [2024] ZALCPE 1 (12 February 2024)

The Labour Court held that the applicant was not an employee of the respondent and dismissed his arrear salary claim for lack of jurisdiction.

  • Employee Definition
  • Section 197 Transfer
  • Jurisdiction
  • Arrear Salaries
  • Contractual Dispute
  • Employee-definition
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Labour Law [2019] ZALCJHB 205

Monare v South African Tourism (JS133/16)

Monare v South African Tourism (JS133/16) [2019] ZALCJHB 205 (2 May 2019)

Labour Court held that prescription had not run on a fixed-term contract salary claim while review and appeal proceedings delayed finalisation of the award.

  • Prescription Act
  • Fixed Term Contract
  • Unlawful Dismissal
  • Arrear Salaries
  • Specific Performance
  • Prescription
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Labour Law [2019] ZALCJHB 28

SAMWU obo Malatsi v Gert Sibande District Municipality (J92/17)

SAMWU obo Malatsi v Gert Sibande District Municipality (J92/17) [2019] ZALCJHB 28 (28 February 2019)

The court found that the applicant was entitled to payment of arrear salaries for the period between 26 August 2013, the date he was ordered to report for duty by the arbitration award, and 17 October 2016, the date of actual reinstatement. The applicant had tendered his services as required by law, and the respondent's assertion that he was not obliged to remunerate the applicant retrospectively was incorrect. The claim for arrear salaries was contractual and properly brought by motion proceedings, as there were no material factual disputes requiring oral evidence. Prescription on the claim…

  • Arrear Salaries
  • Reinstatement
  • Prescription
  • Contractual Claim
  • Review Of Arbitration Award
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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.