South Africa Case Law

Director General of Labour Department and Another v Full Serve Services (Pty) Ltd (Leave to Appeal) (J74/19)

Director General of Labour Department and Another v Full Serve Services (Pty) Ltd (Leave to Appeal) (J74/19) [2024] ZALCJHB 496 (12 December 2024)

Court

Labour Court Johannesburg

Case number

J74/19

Judge

I.I Mahomed

The Labour Court dismissed an unopposed late application for leave to appeal, finding no condonation request and no reasonable prospects of success.

• Leave To Appeal
• Jurisdiction Of Labour Court
• Compliance Order
• Condonation
• Prospects Of Success
• Leave-to-appeal

A Black CC and Another v Department of Labour and Another (C466/2008)

A Black CC and Another v Department of Labour and Another (C466/2008) [2010] ZALCCT 39 (26 January 2010)

Court

Labour Court Cape Town

Case number

C466/2008

Judge

AC Basson

The Labour Court upheld an appeal against a Department of Labour compliance order, setting it aside after finding no proper condonation explanation or record.

• Condonation
• Employment Relationship
• Compliance Order
• Jurisdiction Of Department
• Burden Of Proof
• Compliance-order

Comtech Networking Solutions CC v Director General of Department of Labour NO and Another (J2614/08)

Comtech Networking Solutions CC v Director General of Department of Labour NO and Another (J2614/08) [2009] ZALCJHB 89 (28 August 2009)

Court

Labour Court Johannesburg

Case number

J2614/08

Judge

Pillay D

The Labour Court found that the Department of Labour acted with bias and failed to provide the employer with a fair opportunity to respond to the employee's claims. The documentary evidence supported the employer's version regarding the June 2008 salary advance and the absence of a valid claim for September and October 2007. The Department of Labour lacked jurisdiction to order payment for claims older than 12 months under section 70(d) of the BCEA. The court held that the validity of the commission forfeiture clause could not be determined without further evidence and argument, and thus refe…

Source excerpt

• Basic Conditions Of Employment Act
• Compliance Order
• Unpaid Salary
• Commission Dispute
• Administrative Bias

Comtech Networking Solutions CC v Director General of Labour NO and Another (J2614/08)

Comtech Networking Solutions CC v Director General of Labour NO and Another (J2614/08) [2009] ZALC 87; (2010) 31 ILJ 600 (LC) (28 August 2009)

Court

Labour Court

Case number

J2614/08

Judge

Pillay D

The Labour Court upheld an appeal against a compliance order, dismissed salary claims as unfounded and time-barred, and sent the commission dispute back for reconsideration.

• Basic Conditions Of Employment Act
• Compliance Order
• Unpaid Salary
• Commission Dispute
• Administrative Bias
• Basic-conditions-of-employment-act

Director General, Department of Labour v Jinghua Garments (Pty) Ltd (D 730/05)

Director General, Department of Labour v Jinghua Garments (Pty) Ltd (D 730/05) [2006] ZAKZHC 11 (5 December 2006)

Court

High Courts - Kwazulu Natal

Case number

D 730/05

Judge

C T Sangoni

The Labour Court made an Employment Equity Act compliance order an order of court and imposed a R200,000 fine, half suspended for three years.

• Employment Equity Act
• Affirmative Action
• Compliance Order
• Statutory Obligations
• Administrative Penalty
• Employment-equity-act