South Africa Case Law

Atlas Finance (Pty) Ltd v Commissioner for Conciliation, Mediation and Arbitration and Others (JR57/21)

Atlas Finance (Pty) Ltd v Commissioner for Conciliation, Mediation and Arbitration and Others (JR57/21) [2022] ZALCJHB 60; [2022] 7 BLLR 647 (LC); (2022) 43 ILJ 1655 (LC) (15 March 2022)

Court

Labour Court Johannesburg

Case number

JR57/21

Judge

T Deane

The Labour Court found that the commissioner committed a material error of law and a gross irregularity by excluding commission earned during ordinary working hours from the calculation of wages for compliance with the National Minimum Wage Act. Section 5(1) of the Act does not list commission as an exclusion, and commission is not a discretionary payment but forms part of the employee's wage. The evidence showed that when commission was included, employees were paid above the prescribed minimum wage. The commissioner failed to consider this evidence and misinterpreted the relevant statutory…

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• National Minimum Wage Act
• Commission Payments
• Arbitration Review
• Remuneration Calculation

Zapop (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (CA21/2014)

Zapop (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (CA21/2014) [2016] ZALAC 16; (2016) 37 ILJ 1882 (LAC); [2016] 9 BLLR 910 (LAC) (12 May 2016)

Court

Labour Appeal Court

Case number

CA21/2014

Judges

Sutherland JA, Davis CJ, Musi JJA

The Labour Appeal Court held that the arbitrator's finding of unfair dismissal was reasonable and met the Sidumo test. The disclosure of confidential information and disparaging remarks, while constituting misconduct, did not warrant dismissal given the absence of actual harm, the trivial nature of the remarks, and the passage of time. The arbitrator had jurisdiction to adjudicate commission claims under section 74(2) of the BCEA, as commission forms part of remuneration. No forfeiture clause or consistent practice barred Cunningham's entitlement to commission earned prior to dismissal but pa…

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• Unfair Dismissal
• Remuneration Claims
• Commission Payments
• Jurisdiction Of Ccma
• Interpretation Of Bcea
• Compensation Awards

Ndhlela v Transnet Limited (J 1534/98)

Ndhlela v Transnet Limited (J 1534/98) [2004] ZALC 82 (9 November 2004)

Court

Labour Court

Case number

J 1534/98

Judge

Landman

The Labour Court dismissed Joseph Ndhlela’s unfair dismissal claim, finding that Transnet proved serious misconduct, breach of fiduciary duty, and dishonesty.

• Unfair Dismissal
• Breach Of Fiduciary Duty
• Conflict Of Interest
• Misconduct
• Commission Payments
• Unfair-dismissal

Commissioner for Inland Revenue v Wandrag Asbestos (Pty) Ltd (571/92)

Commissioner for Inland Revenue v Wandrag Asbestos (Pty) Ltd (571/92) [1994] ZASCA 148; 1995 (2) SA 197 (AD); (3 October 1994)

Court

Supreme Court of Appeal

Case number

571/92

Judges

Corbett, Botha, Kumleben, F H Grosskopf, Howie

The majority held that Wandrag was carrying on an export trade as defined in the Income Tax Act, as its asbestos fibre was produced for export and the agreement with GEFCO facilitated this. The 15% selling commission paid to GEFCO was found to be remuneration for marketing Wandrag's product overseas, and the payment was incurred directly for commission for export orders, satisfying the requirements of section 11bis(4)(f). The evidence supported that the payment was exclusively for marketing Wandrag's fibre, and the designation of the payment as 'selling commission' accurately reflected its tr…

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• Income Tax Act
• Marketing Allowance
• Commission Payments
• Export Trade
• Burden Of Proof