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South Africa decisions
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SAMWU obo Members v Kopanong Local Municipality (J 1808/2013) [2013] ZALCJHB 247; (2014) 35 ILJ 1378 (LC) (30 August 2013)
The Labour Court dismissed an urgent interdict over municipal recruitment, finding no clear right, no real prejudice, and an adequate alternative remedy.
SACCAWU and Others v Western Province Sports Club t/a Kelvin Grove Club and Others (C121/08) [2008] ZALCCT 2 (18 April 2008)
The Labour Court held that section 197 of the LRA does not give employees a right to consultation before a going-concern transfer and dismissed the urgent interdict.
Wyeth SA (Pty) Ltd v Manqele and Others (JA 50/03) [2005] ZALAC 1; (2005) 26 ILJ 749 (LAC); [2005] 6 BLLR 523 (LAC) (23 March 2005)
The Labour Appeal Court held that a contract of employment was validly concluded between Wyeth SA (Pty) Ltd and Manqele when the written offer was accepted, and that the subsequent termination prior to commencement constituted a dismissal under the Labour Relations Act. The Court found that the statutory definition of 'employee' in section 213 of the LRA, when interpreted in light of constitutional values and the purpose of the Act, includes persons who have concluded contracts of employment even if they have not yet commenced work. The Court rejected a narrow, literal interpretation that wou…
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