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Mariga v Global Supply Chain Services (Pty) Ltd (JS393/18) [2019] ZALCJHB 250 (20 September 2019)
The Labour Court held it had jurisdiction over a dispute arising from a settlement agreement that ended employment, and dismissed a special plea challenging jurisdiction.
Choice Decisions 1225 CC t/a Fastlink Transport and Another v Ontlwaetse and Another (J2418/08; J2389/08; J2390/08) [2011] ZALCJHB 255 (30 September 2011)
The Court found that the default judgments and cost orders were erroneously granted due to the respondents' failure to disclose material facts, including the settlement agreement and the certificate of service, which were in their possession. The splitting of claims and forum shopping by Jansens Incorporated constituted an abuse of process intended to maximize costs. The applicants provided a reasonable explanation for the delay in bringing the rescission application, and the merits overwhelmingly favored rescission. The Labour Court was not the appropriate forum for enforcement of statutory…
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Makume v Hakinen Transport CC, Moyi v Inkhunzi Contractors (Pty) Ltd, Shashape v Tswaing Local Municipality (J33/10, J732/10, J427/10) [2010] ZALC 208; (2011) 32 ILJ 928 (LC) (12 November 2010)
The Labour Court does not have jurisdiction as a forum of first instance to enforce non-monetary compliance claims under the BCEA, such as the provision of certificates of service or remuneration particulars. These claims must be pursued through the Department of Labour's inspectorate and the enforcement mechanisms set out in Chapter Ten of the BCEA. However, monetary claims for amounts due under the BCEA may be brought directly before the Labour Court, which has concurrent jurisdiction with civil courts. Where monetary claims are accompanied by non-monetary claims, the Court may dispose of b…
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Makume v Hakinen Transport CC; In Re: Moyi v Imkhunzi Contractors (Pty); In Re: Ltd v Shashape v Tswaing Local Municipality (J33/10, J732/10, J427/10) [2010] ZALCJHB 330 (12 November 2010)
The Labour Court does not have jurisdiction as a forum of first instance to enforce non-monetary compliance issues under the BCEA, such as certificates of service or remuneration particulars, except in extraordinary circumstances or where such claims are joined with monetary claims. The statutory enforcement mechanisms in Chapter Ten of the BCEA must be followed for non-monetary complaints. However, monetary claims under the BCEA may be brought directly before the Labour Court, which has concurrent jurisdiction with civil courts. Costs orders must be proportionate to the quantum of the claim,…
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Swanepoel v Kievietskroon Country Estate (J2525/07) [2009] ZALC 217 (29 April 2009)
The court found that section 42 of the BCEA does not impose an absolute obligation on employers to issue a certificate of service unless requested by the employee. The applicant did not make a reasonable request prior to launching the application, and the respondent did not refuse to provide the certificate but was awaiting the personnel manager's return. The Labour Court's jurisdiction under section 77(3) of the BCEA was doubtful, as the right to a certificate of service is not a basic condition of employment as defined in the Act. The court held that the applicant should have pursued enforc…
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Swanepoel v Kievieskroon Country Estate (J2525/07) [2009] ZALCJHB 86 (29 April 2009)
The Labour Court ordered the employer to issue a certificate of service, but refused costs, finding the application unnecessary and premature.
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