South Africa Case Law

Naicker and Others v Muswaba and Others (C194/2024)

Naicker and Others v Muswaba and Others (C194/2024) [2024] ZALCCT 20 (31 May 2024)

Court

Labour Court Cape Town

Case number

C194/2024

Judge

R Lagrange

The court found that the applicants demonstrated a prima facie right to occupy the premises rent-free as part of their employment, though this was open to doubt and subject to pending bargaining council disputes. The urgency was not self-created, as the applicants acted promptly upon receiving unequivocal notice of eviction. The respondents' intention to proceed with eviction before the contractual disputes were resolved would undermine the statutory dispute resolution process and cause irreparable harm to the applicants and their families. The court held that the appropriate remedy was to gr…

Source excerpt

• Urgent Interdict
• Protected Disclosure Act
• Occupational Detriment
• Employment Contract Variation
• Eviction Proceedings
• Bargaining Council Dispute

Portnet v La Grange and Others (P166/98)

Portnet v La Grange and Others (P166/98) [1998] ZALC 102 (6 November 1998)

Court

Labour Court

Case number

P166/98

Judge

Basson

The Labour Court reviewed and set aside a condonation award, holding that the arbitrator wrongly applied the LRA time limit instead of the bargaining council constitution.

• Condonation For Late Referral
• Collective Agreement
• Arbitration Review
• Bargaining Council Dispute
• Judicial Discretion
• Condonation-for-late-referral