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South Africa decisions
Decisions matching the current search
Reddy v Airports Company South Africa & others (J 597/2021) [2021] ZALCJHB 99 (7 June 2021)
Urgent labour matter on whether a company could start fresh discipline despite an earlier settlement agreement; the court referred factual disputes to oral evidence.
Jofile v South African Local Government Bargaining Council And Others (JR1578/12) [2015] ZALCJHB 3 (8 January 2015)
The Labour Court found that the arbitrator failed to properly consider the applicant's explanation regarding the entry of the plea of guilty and did not evaluate whether her representative had authority to do so. The arbitrator also failed to address the issue of inconsistent discipline, despite evidence that another employee involved in similar misconduct was not dismissed. The case against the applicant was based solely on circumstantial evidence, with key witnesses not called to testify. The arbitrator's reliance on unchallenged and incomplete evidence rendered the award unreasonable. The…
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Chidi and Others v University of South Africa (JS631/2011) [2014] ZALCJHB 439; (2015) 36 ILJ 709 (LC) (6 November 2014)
The Labour Court held that the applicants were estopped from denying their representative’s authority to sign a settlement agreement, which was valid and binding.
Nkuna v Ba Phalaborwa Local Municipality (J 816/12) [2013] ZALCJHB 62 (2 May 2013)
The Labour Court refused to make an unsigned settlement document an order of court under section 158(1)(c) of the LRA, holding that validity had not been established.
Molaba and Others v Emfuleni Local Municipality (J1438/07, J1443/07, J1439/07) [2009] ZALCJHB 106 (17 March 2009)
The court held that the correspondence from the respondent's human resources manager did not constitute a settlement agreement as contemplated by section 158(1)(c) of the Labour Relations Act. The applicants had not declared or referred a dispute to the bargaining council prior to the alleged agreements, and the letters merely reflected a mutually agreed variation of their employment contracts, not a settlement of a referred dispute. Even if the correspondence could be considered a settlement agreement, the court exercised its discretion to refuse to make it an order, given the existence of u…
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Municipal Employees Pension Fund and Another v Ntozakhe and Others (JR1109/05) [2006] ZALCJHB 10 (6 March 2006)
The Labour Court set aside a CCMA award after finding the arbitrator wrongly excluded the employer’s representative for lack of authority.
Municipal Employees Pension Fund v Ntozakhe and Others (JR1109/05) [2006] ZALC 121 (6 March 2006)
The Labour Court set aside a CCMA award after finding the arbitrator wrongly excluded the employer’s representative and decided the matter by default.
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