South Africa Case Law

Pitja v United States of America (JS 528/2022)

Pitja v United States of America (JS 528/2022) [2023] ZALCJHB 152; [2023] 8 BLLR 833 (LC); (2023) 44 ILJ 2294 (LC) (23 May 2023)

Court

Labour Court Johannesburg

Case number

JS 528/2022

Judge

Van Niekerk

The court found that the applicant was employed as a visa assistant at the US consulate, which is part of the US diplomatic mission and a component of the Department of State. His duties placed him squarely within the definition of consular staff under section 5(2)(b) of the Foreign States Immunities Act. As such, the exception to immunity for employment contracts did not apply, and the respondent retained immunity from the jurisdiction of the Labour Court. Previous decisions of the Labour Court supported this interpretation, and none of the authorities cited by the applicant undermined this…

Source excerpt

• Foreign State Immunity
• Contracts Of Employment
• Jurisdiction Of Labour Court
• Diplomatic And Consular Staff
• Basic Conditions Of Employment Act

Baloi and Another v Maddox Adams International South Africa (Pty) Limited (J203/16)

Baloi and Another v Maddox Adams International South Africa (Pty) Limited (J203/16) [2019] ZALCJHB 75 (18 April 2019)

Court

Labour Court Johannesburg

Case number

J203/16

Judge

Nkutha-Nkontwana

The Labour Court refused leave to appeal, finding no reasonable prospect that another court would reach a different result on section 197, employment contracts, or prescription.

• Section 197 Transfer
• Prescription
• Contracts Of Employment
• Leave To Appeal Test
• Leave-to-appeal
• Section-197-transfer

Ndima and Others, Sithukuza and Others v Waverley Blankets Limited (P14/98, P193/98)

Ndima and Others, Sithukuza and Others v Waverley Blankets Limited (P14/98, P193/98) [1999] ZALC 17 (12 February 1999)

Court

Labour Court

Case number

P14/98, P193/98

Judge

R M M Zondo

The Labour Court held that a sale of shares after liquidation was not a transfer of business under section 197, so the applicants’ claim failed.

• Transfer Of Business
• Contracts Of Employment
• Scheme Of Arrangement
• Liquidation
• Statutory Interpretation
• Section-197