South Africa Case Law

FAWU obo Members v Imperial Logistics (Pty) Ltd and Others (Application for Leave to Appeal) (JR62/20)

FAWU obo Members v Imperial Logistics (Pty) Ltd and Others (Application for Leave to Appeal) (JR62/20) [2024] ZALCJHB 465 (22 November 2024)

Court

Labour Court Johannesburg

Case number

JR62/20

Judge

G Mafa-Chali

The Labour Court dismissed FAWU’s unopposed application for leave to appeal, finding no reasonable prospects of success and no other compelling reason.

• Collective Agreements
• Severance Pay
• Contractual Incorporation
• Interpretation Of Agreements
• Leave To Appeal
• Reasonable Prospects Of Success

Eskom Holdings Limited v Grundy (AR380/2017)

Eskom Holdings Limited v Grundy (AR380/2017) [2018] ZAKZPHC 1; 2018 (4) SA 242 (KZP) (16 February 2018)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

AR380/2017

Judges

Ploos van Amstel, Jappie, Nkosi

Eskom failed to establish, on admissible and reliable evidence, that it had acquired a servitude by prescription over Mr Grundy's farm, as it could not prove when the power lines were erected. The court rejected Eskom's reliance on a retrospective wayleave agreement, finding that the electricity supply agreement did not incorporate the standard conditions, as there was no evidence that Mr Grundy received or signed them. The caveat subscriptor rule did not assist Eskom, as it applies to contractual terms, not to factual acknowledgments of receipt. Consequently, Eskom had no entitlement to reta…

Source excerpt

• Acquisitive Prescription
• Servitude
• Wayleave Agreement
• Contractual Incorporation
• Removal Of Electricity Infrastructure

Vanchem Vanadium Products (Pty) Ltd v National Union of Metalworkers of South Africa obo Members (JA33/16)

Vanchem Vanadium Products (Pty) Ltd v National Union of Metalworkers of South Africa obo Members (JA33/16) [2016] ZALAC 62; (2017) 38 ILJ 926 (LAC) (8 December 2016)

Court

Labour Appeal Court

Case number

JA33/16

Judges

Tlaletsi, Coppin, Landman

The Labour Appeal Court held that the parties were bound by the Main Agreement through incorporation in a collective agreement and conduct, so the appeal succeeded.

• Collective Agreements
• Main Agreement Binding Effect
• Lay Off And Short Time
• Contractual Incorporation
• Termination Of Collective Agreement
• Collective-agreements