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South Africa Case Law

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Labour Law [2019] ZALCJHB 39

Skhosana v Commission for Conciliation, Mediation and Arbitration and Others (JR 2160/15)

Skhosana v Commission for Conciliation, Mediation and Arbitration and Others (JR 2160/15) [2019] ZALCJHB 39 (5 March 2019)

The Labour Court dismissed a review of a CCMA award, holding that NUMSA lawfully suspended vehicle and fuel allowances tied to policy conditions.

  • Unfair Labour Practice
  • Benefits Policy
  • Vehicle And Fuel Allowance
  • Review Of Arbitration Award
  • Audi Alteram Partem
  • Objective Justification
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Labour Law [2010] ZALCCT 48

Bloem Water v Nyareli and Others (C823/2018)

Bloem Water v Nyareli and Others (C823/2018) [2010] ZALCCT 48 (23 November 2010)

The court found that the arbitrator misdirected himself by focusing exclusively on the literal wording of the vehicle allowance policy and disregarding evidence of its practical implementation. The differentiation between employees who qualified for the allowance was not arbitrary but linked to job functions and operational requirements, which were reviewed regularly by management. The benefit in question was recurring, and the exclusion of the respondents was an ongoing matter rather than a single event, making condonation for late referral unnecessary. The arbitrator's failure to consider r…

  • Unfair Labour Practice
  • Benefits Policy
  • Vehicle Allowance
  • Condonation
  • Arbitration Review
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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.