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South Africa Case Law

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Labour Law [2022] ZALCJHB 220

Mokoroane v Department of Social Development: North West Provincial Government and Another (J 880/2022)

Mokoroane v Department of Social Development: North West Provincial Government and Another (J 880/2022) [2022] ZALCJHB 220 (5 August 2022)

Court
Labour Court Johannesburg
Case number
J 880/2022
Judge
Prinsloo

The court found that the applicant's contract expressly allowed for termination on 30 days' notice, as per clause 5.1.3. The applicant failed to establish that the contract contained any implied term requiring a hearing or mutual agreement prior to termination. Reliance on sections 14 and 17 of the Public Service Act was misplaced, as these provisions did not restrict the MEC's contractual right to terminate. The applicant's attempt to invoke constitutional and statutory provisions outside the contract was rejected, as the Labour Relations Act provides the appropriate remedy for unfair dismis…

Source excerpt

  • Fixed Term Contracts
  • Termination On Notice
  • Jurisdiction Of Labour Court
  • Contractual Claims Under Bcea
  • Implied Terms
  • Section 23 Constitution
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Labour Law [2013] ZALCJHB 193

SACCAWU obo Makhubela v Development Bank of South Africa; Radebe v Development Bank of South Africa (JS443/12; JS437/12)

SACCAWU obo Makhubela v Development Bank of South Africa; Radebe v Development Bank of South Africa (JS443/12; JS437/12) [2013] ZALCJHB 193; (2014) 35 ILJ 778 (LC) (15 August 2013)

Court
Labour Court Johannesburg
Case number
JS443/12; JS437/12
Judge
Gaibie

The Labour Court held that it is not bound by the CCMA's ruling on time periods for instituting contractual claims. The CCMA's jurisdictional rulings are for convenience and do not truncate statutory or common law timeframes. The Prescription Act applies to contractual claims under section 77(3) of the BCEA, and the term 'debt' is interpreted broadly to include claims for specific performance and accrued remuneration. Neither the LRA nor the BCEA prescribes a time period inconsistent with the Prescription Act, so the three-year prescription period governs these claims. The applicants institut…

Source excerpt

  • Contractual Claims Under Bcea
  • Prescription Act Application
  • Jurisdiction Of Labour Court
  • Points In Limine
  • Specific Performance
  • Unfair Dismissal
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Labour Law [2010] ZALC 2

Solidarity obo Strydom and Another v Albert Luthuli Municipality Council (JS 230/08)

Solidarity obo Strydom and Another v Albert Luthuli Municipality Council (JS 230/08) [2010] ZALC 2; (2010) 31 ILJ 1486 (LC) (14 January 2010)

Court
Labour Court
Case number
JS 230/08
Judge
Van Niekerk

The court found that the applicants' failure to serve notice in terms of the Institution of Legal Proceedings Against Certain Organs of State Act was due to ignorance and not disinterest, and that the respondent suffered no unreasonable prejudice as it was aware of the claims and had responded comprehensively. The applicants demonstrated good cause for the delay, and the statutory requirements for condonation were met. The arbitration clause in the employment contract did not oblige referral to arbitration unless invoked by written notice, which neither party did. The Labour Court has jurisdi…

Source excerpt

  • Institution Of Legal Proceedings Against Organs Of State Act
  • Condonation
  • Contractual Claims Under Bcea
  • Jurisdiction Of Labour Court
  • Arbitration Clauses
  • Special Pleas
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.