National Union of Mineworkers obo Members v Cullinan Diamond Mine A Division of Petra Diamond (Pty) Ltd (JS102/14) [2019] ZALCJHB 43; (2019) 40 ILJ 1826 (LC) (1 March 2019)
Court
Labour Court Johannesburg
Case number
JS102/14
Judge
GN Moshoana
The court found that the applicant failed to prove that the respondent's conduct amounted to unfair discrimination under either section 5 of the Labour Relations Act or section 6 of the Employment Equity Act. The evidence established that no annual performance bonus was paid to any employee; instead, an exceptional performance bonus was paid to those who worked during the strike and contributed to exceptional production results. The differentiation was based on operational requirements and individual performance, not on participation in the strike. The court held that section 5 of the LRA pro…
Ngcobo and Others v Chester Butcheries (D 268/2011) [2012] ZALCD 11; (2012) 33 ILJ 2932 (LC) (8 May 2012)
Court
Labour Court Durban
Case number
D 268/2011
Judge
Whitcher
The Labour Court held that the applicants failed to show a prima facie case that bonus non-payment was linked to a protected strike, so the claim was dismissed.
