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South Africa decisions
Decisions matching the current search
Mofu v Nala Local Municipality (5224/2024) [2025] ZAFSHC 199 (27 June 2025)
Leave to appeal was dismissed after the court held that authority to act for other applicants was not proved and no reasonable prospect of success was shown.
North West Provincial Legislature and Another v National Education Health and Allied Workers Union obo 158 Members (JA17/22) [2023] ZALAC 12; [2023] 8 BLLR 745 (LAC); (2023) 44 ILJ 1919 (LAC) (21 June 2023)
Section 34 of the BCEA applies to all deductions from remuneration, including those arising from the no work no pay principle. The employer may withhold remuneration for services not rendered during a strike, but once remuneration is paid, any recovery must comply with section 34, requiring agreement or adjudication. The principle of no work no pay does not constitute a law permitting unilateral deductions under section 34(1)(b). There is no conflict between the BCEA and LRA in this context. The doctrine of set-off does not apply where the extent of indebtedness is disputed and not liquidated…
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NEHAWU and Others v North West Provincial Dept of Social Development and Another (J1254/21) [2021] ZALCJHB 376 (18 October 2021)
Urgent application to stop salary deductions under a no work, no pay policy was struck off for lack of urgency; costs were awarded against the first applicant.
NEHAWU v Dept of Sports, Recreation, Arts and Culture, Eastern Cape (P485/18) [2018] ZALCPE 39 (22 November 2018)
The Labour Court struck NEHAWU’s urgent application from the roll, finding that loss of income from a no work, no pay policy did not justify urgency.
NEHAWU v Eastern Cape, Department of Sports, Recreation, Arts and Culture (P485/18) [2018] ZALCPE 43 (22 November 2018)
The Labour Court struck NEHAWU’s urgent application off the roll for lack of urgency, holding that loss of income alone was insufficient and cost order followed.
Solidarity obo Members v SFF Incorporated Association Not For Gain and Others (JR197/14) [2015] ZALCJHB 40 (13 February 2015)
The Labour Court dismissed Solidarity’s review of a CCMA ruling that declined jurisdiction over a dispute about recovery of bonus overpayments from employees.
UASA -The Union and Another v BHP Billiton Energy Coal South Africa and Another (JS1082/09) [2012] ZALCJHB 97; [2013] 1 BLLR 82 (LC); (2013) 34 ILJ 1298 (LC) (7 May 2012)
The Labour Court has jurisdiction to determine the lawfulness or validity of an agency shop agreement under section 77(1) and 77(2) of the BCEA, which qualifies as 'any other law' under section 157(1) of the LRA. The applicants' claim for a declaration of invalidity and reimbursement of deducted monies falls within this jurisdiction. However, the constitutional challenge to the agency shop agreement is not competent unless the applicants also challenge the constitutionality of section 25 of the LRA itself. The principle of constitutional subsidiarity requires litigants to rely on legislation…
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