South Africa Case Law

Enoch Mgijima Local Municipality v South African Local Government Bargaining Council and Others (PR143/21B)

Enoch Mgijima Local Municipality v South African Local Government Bargaining Council and Others (PR143/21B) [2024] ZALCPE 34 (1 August 2024)

Court

Labour Court Port Elizabeth

Case number

PR143/21B

Judge

M Makhura

The Labour Court reviewed and set aside an arbitration award that reinstated an essential user car scheme benefit, finding the employees had not proved entitlement.

• Unfair Labour Practice
• Provision Of Benefits
• Review Of Arbitration Award
• Onus Of Proof
• Unfair-labour-practice
• Benefits

NEHAWU obo Msweli and Others v Msiza N.O and Others (JR 2124/17)

NEHAWU obo Msweli and Others v Msiza N.O and Others (JR 2124/17) [2022] ZALCJHB 361 (25 November 2022)

Court

Labour Court Johannesburg

Case number

JR 2124/17

Judge

D Mahosi

The Labour Court dismissed a review of an arbitration award concerning retrospective absorption of Archivists into upgraded posts, finding no reviewable irregularity.

• Unfair Labour Practice
• Review Of Arbitration Award
• Condonation
• Benefits
• Promotion
• Interpretation Of Directive

Visser v National Commissioner South African Police Service and Others (D18/20)

Visser v National Commissioner South African Police Service and Others (D18/20) [2022] ZALCD 30 (27 July 2022)

Court

Labour Court Durban

Case number

D18/20

Judge

Van Niekerk

Labour Court review upheld after finding an arbitrator ignored inconsistent treatment evidence in an acting-allowance dispute and wrongly rejected a demotion claim.

• Unfair Labour Practice
• Demotion
• Acting Allowance
• Collective Agreement
• Benefits
• Inconsistent Treatment

City of Cape Town v Nevin and Others (C 445/2019; C447/2019)

City of Cape Town v Nevin and Others (C 445/2019; C447/2019) [2022] ZALCCT 29; [2022] 11 BLLR 1016 (LC) (3 June 2022)

Court

Labour Court Cape Town

Case number

C 445/2019; C447/2019

Judge

Lagrange

The court held that Nevin’s claim was based on an omission at the inception of his employment, not a continuous unfair labour practice. The ongoing consequences of the initial omission did not render the act continuous for purposes of referral time limits. Nevin became aware of the alleged unfair labour practice in July 2016 but only referred the dispute in September 2018, resulting in a delay of 23 months. The explanation for the delay was found inadequate, as Nevin chose not to pursue his claim while awaiting the outcome of other internal processes. The court found that the arbitrator erred…

Source excerpt

• Unfair Labour Practice
• Condonation
• Remuneration Policy
• Benefits
• Jurisdiction
• Late Referral

Eskom Holdings SOC Limited v Commission for Conciliation, Mediation and Arbitration and Others (PR 26/20)

Eskom Holdings SOC Limited v Commission for Conciliation, Mediation and Arbitration and Others (PR 26/20) [2022] ZALCPE 6 (11 May 2022)

Court

Labour Court Port Elizabeth

Case number

PR 26/20

Judge

Z Lallie

The court found that the fourth respondent was entitled to the salary adjustment as a benefit arising from the employer's statutory compliance with the Employment Equity Act. The dispute fell within the definition of a benefit under section 186(2)(a) of the LRA, as interpreted in Apollo Tyres. The applicant's argument that the dispute was solely about remuneration did not render the third respondent's decision incorrect, as the same conduct may constitute an unfair labour practice, unfair discrimination, or a remuneration dispute. The jurisdiction of the CCMA was determined by the manner in w…

Source excerpt

• Unfair Labour Practice
• Jurisdiction Of Ccma
• Salary Adjustment
• Benefits
• Review Of Arbitration Award

Phokwane Local Municipality v Mabusela N.O. and Others (JR1044/20)

Phokwane Local Municipality v Mabusela N.O. and Others (JR1044/20) [2022] ZALCJHB 117 (7 March 2022)

Court

Labour Court Johannesburg

Case number

JR1044/20

Judge

G N Moshoana

The Labour Court reviewed and set aside an award for a car allowance, holding that no enforceable municipal agreement existed and no unfair labour practice was proved.

• Unfair Labour Practice
• Benefits
• Municipal Manager Authority
• Contractual Nullity
• Car Allowance
• Unfair-labour-practice

South African Police Service v Sotheni and Others (JR2236/16)

South African Police Service v Sotheni and Others (JR2236/16) [2020] ZALCJHB 57 (4 March 2020)

Court

Labour Court Johannesburg

Case number

JR2236/16

Judge

S Snyman

Labour Court review of a scarce skills allowance dispute: the award was set aside because the policy was clear, and no unfair labour practice was proved.

• Unfair Labour Practice
• Benefits
• Scarce Skill Allowance
• Inconsistency
• Waiver Of Rights
• Unfair-labour-practice

National Union of Mineworkers obo Coetzee and Others v Eskom Holdings SOC Ltc and Others (CA4/2018)

National Union of Mineworkers obo Coetzee and Others v Eskom Holdings SOC Ltc and Others (CA4/2018) [2019] ZALAC 62; [2020] 2 BLLR 125 (LAC); (2020) 41 ILJ 391 (LAC) (4 October 2019)

Court

Labour Appeal Court

Case number

CA 4/2018

Judges

Davis, Murphy, Kathree-Setiloane

The Labour Appeal Court restored a CCMA award upgrading Eskom employees’ job grades, holding the dispute concerned unfair grading of benefits, not promotion.

• Unfair Labour Practice
• Job Grading
• Migration Policy
• Benefits
• Promotion
• Remuneration

Maile v FOSKOR (Pty) Ltd (JR1148/2014)

Maile v FOSKOR (Pty) Ltd (JR1148/2014) [2019] ZALCJHB 71 (2 April 2019)

Court

Labour Court Johannesburg

Case number

JR1148/2014

Judge

Tlhotlhalemaje

The Labour Court dismissed a review of an award rejecting an unfair labour practice claim over a scarcity allowance, finding the outcome reasonable.

• Unfair Labour Practice
• Benefits
• Employer Discretion
• Review Of Arbitration Award
• Condonation
• Remuneration

Sinto v Mintek SOC LTD (J3320/18)

Sinto v Mintek SOC LTD (J3320/18) [2018] ZALCJHB 441 (14 September 2018)

Court

Labour Court Johannesburg

Case number

J3320/18

Judge

Mahosi

Urgent Labour Court application dismissed: the applicant failed to show urgency, a clear right to attend a Germany study tour, or lack of an alternative remedy.

• Unfair Labour Practice
• Urgent Interdict
• Alternative Remedy
• Suspension
• Benefits
• Urgent-interdict