South Africa Case Law

PSA obo Sehloho and Others v NCEDA (C63/15)

PSA obo Sehloho and Others v NCEDA (C63/15) [2017] ZALCCT 19 (4 May 2017)

Court

Labour Court Cape Town

Case number

C63/15

Judge

Steenkamp

The court found that the applicants' contracts of employment, as read with Annexure A, entitled them to the listed benefits—medical aid assistance, housing allowance, pension contributions, and a service bonus—payable in addition to their salaries. The employer's argument that these benefits were included in a 'total cost to company' package was not supported by the contract wording or by any evidence that the employees were informed of such an arrangement. The court further held that the dispute was properly reinstated and before the court, as withdrawal does not bar subsequent proceedings.…

Source excerpt

• Contractual Benefits
• Basic Conditions Of Employment Act
• Total Cost To Company
• Employment Contract Interpretation
• Housing Allowance
• Service Bonus

De Beers Consolidated Mines (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (JR 1583/09)

De Beers Consolidated Mines (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (JR 1583/09) [2010] ZALC 41; (2010) 31 ILJ 2087 (LC) (22 February 2010)

Court

Labour Court

Case number

JR 1583/09

Judge

Soni AJ

The Labour Court held that the CCMA had jurisdiction to arbitrate an unfair labour practice dispute about a contractual benefits parity allowance.

• Unfair Labour Practice
• Ccma Jurisdiction
• Contractual Benefits
• Specific Performance
• Ccma-jurisdiction
• Unfair-labour-practice

De Beers Consolidated Mines (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (JR1583/09)

De Beers Consolidated Mines (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (JR1583/09) [2010] ZALC 234 (22 January 2010)

Court

Labour Court

Case number

JR1583/09

Judge

Soni

The Labour Court dismissed a review of a CCMA ruling, holding that the CCMA could arbitrate a dispute about contractual entitlement to a benefits allowance.

• Ccma Jurisdiction
• Unfair Labour Practice
• Contractual Benefits
• Basic Conditions Of Employment Act
• Forum Selection
• Ccma-jurisdiction

Solidarity and Another v Test & Drive Holdings (Pty) Ltd t/a AA Test and Drive (J369/04)

Solidarity and Another v Test & Drive Holdings (Pty) Ltd t/a AA Test and Drive (J369/04) [2006] ZALC 42; [2006] 6 BLLR 594 (LC); (2006) 27 ILJ 1535 (LC) (7 March 2006)

Court

Labour Court

Case number

J369/04

Judge

Cele

The Labour Court held that the employee accepted the discontinuation of post-retirement medical aid benefits by failing to object in time, and dismissed the application.

• Contractual Benefits
• Section 197 Transfer
• Waiver Of Rights
• Specific Performance
• Post-retirement-benefits
• Section-197-transfer