South Africa Case Law

Recycling Consolidated Holdings (Pty) Ltd v Reddy and Others (J358/24)

Recycling Consolidated Holdings (Pty) Ltd v Reddy and Others (J358/24) [2024] ZALCJHB 285 (1 August 2024)

Court

Labour Court Johannesburg

Case number

J358/24

Judge

H Molotsi

The court found that the grounds for leave to appeal were based on the assertion that another court may come to a different conclusion, which is not the test under section 17(1) of the Superior Courts Act. The submissions did not demonstrate a measure of certainty that another court would differ, nor did they show reasonable prospects of success. The arguments raised were a repetition of those already considered and decided in the main judgment. The mediation issue was not material, and the point of law regarding the onus in restraint of trade agreements was not relevant to the case at hand.…

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• Restraint Of Trade
• Constitutional Rights In Employment
• Pacta Sunt Servanda
• Leave To Appeal
• Mediation In Labour Disputes

Lovedale TVET College v National Education Health & Allied Workers Union (NEHAWU) and Others (795/2023)

Lovedale TVET College v National Education Health & Allied Workers Union (NEHAWU) and Others (795/2023) [2023] ZAECMKHC 32 (15 March 2023)

Court

Eastern Cape High Court, Makhanda

Case number

795/2023

Judge

Govindjee

The High Court's jurisdiction is not automatically ousted by the existence of an employment-related dispute. The applicant has deliberately framed its case on the basis of alleged or threatened violations of constitutional rights, such as the right to education, dignity, and to carry out business, rather than seeking relief for an unprotected strike under the Labour Relations Act. Section 157(2) of the Labour Relations Act provides for concurrent jurisdiction in such circumstances. The pleadings do not assert a claim that is exclusively assigned to the Labour Court. Therefore, the jurisdictio…

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• Jurisdiction Of High Court
• Unprotected Strike
• Interdict Proceedings
• Constitutional Rights In Employment

Moropene v Competition Commission of South Africa and Others (J 479/20)

Moropene v Competition Commission of South Africa and Others (J 479/20) [2022] ZALCJHB 303 (2 November 2022)

Court

Labour Court Johannesburg

Case number

J 479/20

Judge

D Mahosi

The Labour Court dismissed an application for leave to appeal, finding no reasonable prospects of success and making no order as to costs.

• Disciplinary Procedure
• Breach Of Employment Contract
• Leave To Appeal
• Specific Performance
• Constitutional Rights In Employment
• Leave-to-appeal

Tlhakudi v President of South Africa Mr Matamela Cyril Ramaphosa and Others (J 1220/2022)

Tlhakudi v President of South Africa Mr Matamela Cyril Ramaphosa and Others (J 1220/2022) [2022] ZALCJHB 277 (12 October 2022)

Court

Labour Court Johannesburg

Case number

J 1220/2022

Judge

Van Niekerk

The court found that the applicant's claim, although couched in constitutional terms, is essentially a claim for unfair labour practice as defined in section 186(1)(b) of the LRA. In accordance with Chirwa v Transnet Ltd, the applicant is not permitted to bypass the dispute resolution mechanisms of the LRA by appealing directly to constitutional rights. The Labour Court's jurisdiction under section 157(2) is limited and does not extend to claims that are, in substance, unfair labour practice disputes. The applicant failed to establish a clear right to the relief sought, as he has an adequate…

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• Unfair Suspension
• Jurisdiction Of Labour Court
• Final Interdict
• Constitutional Rights In Employment
• Alternative Remedy
• Costs Orders

Laser Junction (Pty) Ltd v Fick (6970/2017)

Laser Junction (Pty) Ltd v Fick (6970/2017) [2017] ZAKZDHC 36; (2017) 38 ILJ 2675 (KZD) (28 September 2017)

Court

Kwazulu-Natal High Court, Durban

Case number

6970/2017

Judge

D Pillay

The court found that the restraint of trade agreement relied upon by the applicant was not transferrable under section 197 of the Labour Relations Act, as it did not constitute a contract of employment and was manifestly unfavourable to the respondent. The evidence established that the respondent signed a new contract of employment with the applicant in 2013, which did not include a restraint clause, and that his subsequent promotion rendered any prior restraint agreement inapplicable. The applicant failed to prove the existence of protectable proprietary interests, such as confidential infor…

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• Restraint Of Trade
• Section 197 Transfer
• Contractual Reasonableness
• Public Policy In Employment
• Protectable Interests
• Constitutional Rights In Employment

National Union of Public Service and Allied Workers (NUPSAWU) obo Mani and Others v National Lotteries Board (576/2012)

National Union of Public Service and Allied Workers (NUPSAWU) obo Mani and Others v National Lotteries Board (576/2012) [2013] ZASCA 63; [2013] 8 BLLR 743 (SCA); (2013) 34 ILJ 1931 (SCA) (24 May 2013)

Court

Supreme Court of Appeal

Case number

576/2012

Judges

Nugent, Ponnan, Theron, Pillay, Willis

The Supreme Court of Appeal held that the employees were not dismissed for petitioning their employer or engaging in protected union activities, but for the content of their petition, which amounted to insubordination and brought the employer and its CEO into disrepute. Such conduct is not protected by the Labour Relations Act or the Constitution. The disciplinary process was procedurally fair, and the opportunity to recant was provided to all affected employees. Only those who refused to acknowledge wrongdoing and apologise were dismissed. The court found no inconsistency or unfairness in th…

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• Automatically Unfair Dismissal
• Insubordination
• Trade Union Rights
• Disciplinary Procedure
• Constitutional Rights In Employment

Booysen v Minister of Safety and Security and Others (CA 09/08)

Booysen v Minister of Safety and Security and Others (CA 09/08) [2010] ZALAC 21; [2011] 1 BLLR 83 (LAC) ; (2011) 32 ILJ 112 (LAC) (1 October 2010)

Court

Labour Appeal Court

Case number

CA 09/08

Judges

Waglay, Tlaletsi, Musi

The Labour Appeal Court held that the Labour Court may grant urgent relief in exceptional cases to stop or postpone pending disciplinary hearings.

• Labour Court Jurisdiction
• Disciplinary Hearing Interdict
• Fair Labour Practices
• Constitutional Rights In Employment
• Review Of Administrative Action
• Urgent Interdicts

SACCAWU v Western Province Sports Club t/a Kelvin Grove Club and Another (C121/08)

SACCAWU v Western Province Sports Club t/a Kelvin Grove Club and Another (C121/08) [2008] ZALC 65; (2008) 29 ILJ 3038 (LC) (18 April 2008)

Court

Labour Court

Case number

C121/08

Judge

Molahlehi

The court held that section 197 of the Labour Relations Act does not confer a right to consultation on employees when a business is transferred as a going concern. The reference to section 189(1) in section 197(6) is solely to identify negotiating parties if the employers wish to avoid automatic substitution, not to require consultation in every transfer. The applicants' reliance on constitutional rights was misplaced, as section 197 is designed to protect employees from unfair dismissal and ensure job security, not to guarantee consultation. The application for an urgent interdict was dismis…

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• Section 197 Transfer
• Consultation Rights
• Urgent Interdict
• Outsourcing
• Constitutional Rights In Employment

Ledimo and Others v Minister of Safety and Security and Another (2242/2003)

Ledimo and Others v Minister of Safety and Security and Another (2242/2003) [2003] ZAFSHC 16 (28 August 2003)

Court

Free State High Court, Bloemfontein

Case number

2242/2003

Judge

Rampai

Urgent application by suspended police officers dismissed for lack of urgency. The court also addressed joinder, misjoinder, and Labour Court jurisdiction.

• Suspension Without Pay
• Urgent Application Procedure
• Non Joinder And Misjoinder
• Jurisdiction Of High Court
• Unlawful Administrative Action
• Constitutional Rights In Employment

Dani v Minister of Safety and Security and Other (J4833/02)

Dani v Minister of Safety and Security and Other (J4833/02) [2003] ZALC 38 (29 April 2003)

Court

Labour Court

Case number

J4833/02

Judge

K S Tip

The Labour Court held it lacked jurisdiction over a transfer dispute governed by a collective agreement and the Labour Relations Act, and dismissed the application with costs.

• Collective Agreement Interpretation
• Jurisdiction Of Labour Court
• Transfer Of Employee
• Dispute Resolution
• Demotion
• Constitutional Rights In Employment