South Africa Case Law

Mayana v Executive Mayor: Nelson Mandela and Others (1655/2022)

Mayana v Executive Mayor: Nelson Mandela and Others (1655/2022) [2022] ZAECQBHC 19 (5 August 2022)

Court

Eastern Cape High Court, Gqeberha

Case number

1655/2022

Judge

Pakati

The court found that the applicant was a contract employee whose appointment was political and governed strictly by the terms of the Memorandum of Agreement. The applicant was not entitled to the disciplinary procedures or benefits applicable to permanent municipal employees, nor was the Collective Agreement applicable to his position. Although the respondents initially failed to comply with the contractual notice period for termination, they rectified this by compensating the applicant for two weeks in lieu of notice before the application was instituted. The court held that the applicant ha…

Source excerpt

• Unlawful Termination
• Contractual Notice Period
• Municipal Employment
• Collective Agreement Applicability
• Urgent Interdict
• Authority To Act

Shoba v Commission for Conciliation, Mediation and Arbitration and Others (JR 1047/19)

Shoba v Commission for Conciliation, Mediation and Arbitration and Others (JR 1047/19) [2021] ZALCJHB 161 (28 June 2021)

Court

Labour Court Johannesburg

Case number

JR 1047/19

Judge

G N Moshoana

Labour Court dismissed a review of a CCMA award, holding the arbitrator’s findings on probation, unfair labour practice, and fairness were reasonable.

• Unfair Labour Practice
• Probation Termination
• Performance Assessment
• Procedural Fairness
• Collective Agreement Applicability
• Unfair-labour-practice

Wanenburg v Motor Industry Bargaining Council and Others (J6084/99)

Wanenburg v Motor Industry Bargaining Council and Others (J6084/99) [2000] ZALC 105; (2001) 22 ILJ 242 (LC) (21 September 2000)

Court

Labour Court

Case number

J6084/99

Judge

Pillay

The Labour Court reviewed and set aside a bargaining council appeal decision after finding the non-party applicant was prejudiced by irregular and unfair procedures.

• Condonation Of Late Referral
• Collective Agreement Applicability
• Jurisdiction Of Labour Court
• Internal Appeal Procedure
• Procedural Fairness
• Unfair Dismissal

Ronald Antony and Another v Commision For Consiliation Mediation and Others (P65/98)

Ronald Antony and Another v Commision For Consiliation Mediation and Others (P65/98) [1999] ZALC 59 (15 April 1999)

Court

Labour Court

Case number

P65/98

Judge

Mlambo

Leave to appeal was granted only on whether a bargaining council agreement applied, and refused on the postponement issue.

• Leave To Appeal
• Collective Agreement Applicability
• Demarcation Dispute
• Postponement Of Proceedings
• Leave-to-appeal
• Collective-agreement-applicability

G A Motor Winders ( East Cape) CC and Another v Commision For Conciliation Mediation And Arbitration and Others (P 65/98)

G A Motor Winders ( East Cape) CC and Another v Commision For Conciliation Mediation And Arbitration and Others (P 65/98) [1999] ZALC 57 (15 April 1999)

Court

Labour Court

Case number

P 65/98

Judge

Mlambo

The court held that the proper test for granting leave to appeal to the Labour Appeal Court is whether the appeal raises a substantial point of law or is of great public importance, and not merely whether another court could reach a different conclusion. The demarcation issue, concerning the applicability of the Bargaining Council agreement, was found to be a matter of public interest warranting clarification and thus leave to appeal was granted on this point. However, the issue of postponement was deemed factual, arising from the applicant's own conduct, and lacking prospects of success; lea…

Source excerpt

• Leave To Appeal
• Collective Agreement Applicability
• Demarcation Dispute
• Postponement Of Proceedings