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South Africa decisions
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Pasha v Pandora Jewellery South Africa (Pty) Ltd (C91-2022) [2024] ZALCCT 13 (19 February 2024)
The Labour Court dismissed Pandora’s in limine objection, finding it had not proved lawful amendment of the bonus commission arrangement and awarded the applicant costs.
Sceptre Fishing (Pty) Ltd v Swanepoel and Others (C351/2016) [2017] ZALCCT 22 (30 May 2017)
The court found that the arbitrator committed a reviewable irregularity by failing to admit the affidavit of Hercules Roelofse or to stand the matter down for his oral evidence, despite acknowledging its crucial nature. This failure prevented a fair determination of the dispute, especially as neither party was legally represented. Following the precedent in Matsekoleng v Shoprite Checkers, the court held that the irregularity rendered the award reviewable and liable to be set aside. The merits of the unfair labour practice dispute could not be properly adjudicated without Roelofse’s evidence,…
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South African Clothing And Textile Workers Union (SACTWU) and Another v Mediterranean Textiles Mills (Pty) Ltd (D176/08) [2010] ZALCD 24 (14 March 2010)
The court found that the respondent's financial difficulties did not justify its failure to pay bonuses or its refusal to consult meaningfully with employees. The respondent acted with undue haste in dismissing employees, failing to provide adequate time for reflection or to seek a court interdict. The strike was peaceful, and the union attempted to resolve the dispute. The respondent's failure to address the bonus issue in a timely manner and its reliance on the Government Gazette were opportunistic. The dismissals were both procedurally and substantively unfair, and the employees were entit…
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