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Labour Law [2020] ZALCJHB 136

Oracle Corporation South Africa (Pty) Ltd v Malgas and Others (JR 1356/18)

Oracle Corporation South Africa (Pty) Ltd v Malgas and Others (JR 1356/18) [2020] ZALCJHB 136 (17 August 2020)

Court
Labour Court Johannesburg
Case number
JR 1356/18
Judge
Tlhotlhalemaje

The Court found that the Commissioner’s award was not supported by the evidence and fell outside the bounds of reasonableness. There was no evidence that Malagas played a role in the ultimate Multichoice deal concluded between Oracle Netherlands and Myriad, nor that his efforts influenced the transaction. The applicant could not compel Oracle Netherlands to enter into a teaming agreement, and the CCMA had no power to enforce such agreements between separate entities. The applicant did not act unfairly or arbitrarily in exercising its discretion regarding commission payments, as neither it nor…

Source excerpt

  • Unfair Labour Practice
  • Commission Disputes
  • Teaming Agreement Guidelines
  • Review Of Arbitration Award
  • Benefits Under Lra
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Labour Law [2015] ZALCJHB 171

Motheo District Municipality v SAMWU obo Members and Others (JR3454/10)

Motheo District Municipality v SAMWU obo Members and Others (JR3454/10) [2015] ZALCJHB 171 (2 June 2015)

Court
Labour Court Johannesburg
Case number
JR3454/10
Judge
Steenkamp

The court held that the arbitrator was correct in finding that the Bargaining Council had jurisdiction to arbitrate the unfair labour practice dispute as referred by the union. Although the arbitrator incorrectly relied on the certificate of non-resolution as the basis for jurisdiction, the union's referral of the dispute as an unfair labour practice relating to benefits brought it within the Council's jurisdiction under section 186(2)(a) of the LRA. The court emphasized that jurisdiction is determined by the nature of the dispute as pleaded, not by its substantive merits, and that the latest…

Source excerpt

  • Unfair Labour Practice
  • Jurisdiction Of Bargaining Council
  • Benefits Under Lra
  • Review Of Arbitration Award
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Labour Law [2015] ZALCCT 43

Rainbow Farms (Pty) Ltd v CCMA and Others (C377/2012)

Rainbow Farms (Pty) Ltd v CCMA and Others (C377/2012) [2015] ZALCCT 43 (29 May 2015)

Court
Labour Court Cape Town
Case number
C377/2012
Judge
Steenkamp

The court held that the CCMA had jurisdiction to arbitrate the dispute as an unfair labour practice relating to benefits, notwithstanding the initial reference to discrimination. The arbitrator correctly found that the discretionary bonus constituted a 'benefit' under section 186(2)(a) of the LRA, following established Labour Court and Labour Appeal Court authority. On the merits, the arbitrator's finding that the process for awarding bonuses was flawed and amounted to unfair conduct was reasonable and supported by the evidence. The award of compensation equivalent to one month's wages for ea…

Source excerpt

  • Unfair Labour Practice
  • Discretionary Bonus
  • Benefits Under Lra
  • Jurisdiction Of Ccma
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Labour Law [2014] ZALCJHB 116

South African Post Office Limited Gungubele NO and Others (JR2947/2010)

South African Post Office Limited Gungubele NO and Others (JR2947/2010) [2014] ZALCJHB 116 (25 February 2014)

Court
Labour Court Johannesburg
Case number
JR2947/2010
Judge
Molahlehi

The court found that the Commissioner erred in concluding that the acting allowance was a benefit to which the third respondent was entitled. The evidence showed that the acting arrangement was intended to develop managerial skills and that no acting allowance had been paid to employees acting in managerial positions since 2000. The third respondent conceded that his predecessor was not paid an acting allowance and failed to produce any policy granting such entitlement. The delay in claiming the allowance further indicated that the third respondent knew he was not entitled to it. Consequently…

Source excerpt

  • Unfair Labour Practice
  • Acting Allowance
  • Benefits Under Lra
  • Review Of Arbitration Award
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Labour Law [2013] ZALAC 3

Apollo Tyres South Africa (Pty) Ltd v Commission for Conciliation Mediation and Arbitration and Others (DA1/11)

Apollo Tyres South Africa (Pty) Ltd v Commission for Conciliation Mediation and Arbitration and Others (DA1/11) [2013] ZALAC 3; [2013] 5 BLLR 434 (LAC); (2013) 34 ILJ 1120 (LAC) (21 February 2013)

Court
Labour Appeal Court
Case number
DA1/11
Judges
Musi AJA, Patel JA, Hlophe AJA

The Labour Appeal Court held that the concept of 'benefit' in section 186(2)(a) of the LRA is not confined to entitlements arising solely from contract or statute. It extends to advantages or privileges granted to employees under employer policies or practices, even where the employer retains discretion. The Court found that the appellant's early retirement scheme constituted a 'benefit' as contemplated by the LRA, and that the employer's discretion in granting access to the scheme must be exercised fairly. In this case, the appellant shifted eligibility criteria, provided inconsistent reason…

Source excerpt

  • Unfair Labour Practice
  • Benefits Under Lra
  • Employer Discretion
  • Early Retirement Scheme
  • Remedies For Unfairness
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About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.