South Africa Case Law

Independant Regulatory Board for Auditors and Others v East Rand Member District of Chartered Accountants (64848/19 ; 46298/20)

Independant Regulatory Board for Auditors and Others v East Rand Member District of Chartered Accountants (64848/19 ; 46298/20) [2022] ZAGPPHC 994 (15 August 2022)

Court

North Gauteng High Court, Pretoria

Case number

64848/19 ; 46298/20

Judge

Janse Van Nieuwenhuizen

The High Court granted leave to appeal only on whether IRBA had a duty to consult. All other leave grounds, including fees, delay, notice and costs, were refused.

• Ultra Vires
• Consultation Obligation
• Administrative Action Review
• Fee Regulation
• Remedies Under Paja
• Administrative-law

National Union of Metalworkers of South Africa (NUMSA) obo Members and Another v South African Airways (SOC) Ltd and Others (J149/20)

National Union of Metalworkers of South Africa (NUMSA) obo Members and Another v South African Airways (SOC) Ltd and Others (J149/20) [2020] ZALCJHB 43; [2020] 6 BLLR 588 (LC); (2020) 41 ILJ 1402 (LC) (14 February 2020)

Court

Labour Court Johannesburg

Case number

J149/20

Judge

G N Moshoana

The Labour Court dismissed an urgent bid to compel consultation over SAA route cancellations, finding no contemplated dismissal under section 189 of the LRA.

• Retrenchment Procedure
• Business Rescue
• Consultation Obligation
• Section 189a Application
• Retrenchment-procedure
• Business-rescue

John v Afrox Oxygen Limited (JA90/15)

John v Afrox Oxygen Limited (JA90/15) [2018] ZALAC 4; [2018] 5 BLLR 476 (LAC); (2018) 39 ILJ 1278 (LAC) (29 January 2018)

Court

Labour Appeal Court

Case number

JA90/15

Judges

Waglay JP, Ndlovu JA, Coppin JA

The Labour Appeal Court held that the appellant's dismissal was automatically unfair as it resulted from her making a protected disclosure to her employer regarding irregularities in the re-grading process. The Court found that section 6 of the Protected Disclosures Act applied, as the disclosure was made to the employer, and rejected the Labour Court's requirement for factual correctness or reliance on section 9. The appellant reasonably believed that the re-grading process prejudiced employees' future salary increases and affected employment equity reporting, and acted in good faith followi…

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• Protected Disclosure
• Automatically Unfair Dismissal
• Occupational Detriment
• Consultation Obligation
• Employment Equity Reporting

Public Servants Association v Department of Home Affairs and Another (J189/2012)

Public Servants Association v Department of Home Affairs and Another (J189/2012) [2015] ZALCJHB 406 (12 November 2015)

Court

Labour Court Johannesburg

Case number

J189/2012

Judge

Tlhotlhalemaje

The Labour Court found that the applicant's challenge was directed at the legality of the deductions of performance bonuses, not at the review of performance ratings or the fairness of the process. The court held that under section 38 of the Public Service Act, the accounting officer (Director-General) is empowered to recover overpayments made to employees, and there is no statutory obligation to consult affected employees prior to such deductions. The court further held that the Director-General acted within his delegated authority and in accordance with both the Public Service Act and the P…

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• Performance Bonus Deductions
• Public Service Act Section 38
• Principle Of Legality
• Review Jurisdiction
• Consultation Obligation

BIFAWU obo Members v Zurich Insurance Co SA (J175/12)

BIFAWU obo Members v Zurich Insurance Co SA (J175/12) [2014] ZALCJHB 18 (7 January 2014)

Court

Labour Court Johannesburg

Case number

J175/12

Judge

Wilken

The Labour Court refused to make a CCMA settlement agreement an order of court, finding enforcement impractical after the transfer had long since occurred.

• Section 197 Transfer
• Settlement Agreement Enforcement
• Consultation Obligation
• Locus Standi
• Costs In Labour Court
• Section-197-transfer

Mohlala v Department of Trade and Industry and Others (J 1148/12)

Mohlala v Department of Trade and Industry and Others (J 1148/12) [2012] ZALCJHB 44 (18 May 2012)

Court

Labour Court Johannesburg

Case number

J 1148/12

Judge

R Lagrange

The Labour Court held that the commissioner’s appointment was not for five years, but the Minister breached a duty to confer in writing before non-renewal.

• Fixed Term Contracts
• Interpretation Of Contracts
• Consumer Protection Act
• Renewal Of Employment
• Consultation Obligation
• Fixed-term-contracts

National Union of Metal Workers Union of SA v Aunde South Africa (Pty) Limited (D102/09)

National Union of Metal Workers Union of SA v Aunde South Africa (Pty) Limited (D102/09) [2009] ZALCD 7 (20 May 2009)

Court

Labour Court Durban

Case number

D102/09

Judge

Molahlehi

The Labour Court found NUMSA members were retrenched without the required consultation and ordered reinstatement until fair procedure was followed.

• Retrenchment Procedure
• Collective Agreements
• Consultation Obligation
• Procedural Fairness
• Reinstatement
• Costs Award

Air Products (Pty) Ltd v CWIU and Another (JA37/97)

Air Products (Pty) Ltd v CWIU and Another (JA37/97) [1997] ZALAC 5 (12 December 1997)

Court

Labour Appeal Court

Case number

JA37/97

Judges

Myburgh, Froneman, Conradie

The majority held that the transfer of Mmadi from the cylinder test plant to the high pressure fill plant did not constitute a unilateral amendment to his contract of employment, as his job as an operator remained unchanged and he had previously worked at both plants. The company was not obliged to consult with the union prior to the transfer since retrenchment was not contemplated; the transfer was operationally justified. Mmadi's refusal to obey a reasonable and lawful instruction to transfer amounted to gross insubordination, and the company had a valid reason to dismiss him. The Industria…

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• Unfair Dismissal
• Internal Transfer
• Consultation Obligation
• Redundancy
• Disciplinary Procedure