South Africa Case Law

Acting National Commissioner for the Department of Correctional Services and Others v Ndara (CA14/22)

Acting National Commissioner for the Department of Correctional Services and Others v Ndara (CA14/22) [2023] ZALAC 13; [2023] 10 BLLR 991 (LAC); (2023) 44 ILJ 2665 (LAC) (21 June 2023)

Court

Labour Appeal Court

Case number

CA14/22

Judges

Molahlehi, Musi, Savage

The Labour Appeal Court reinstated the respondent’s employment as Technical Specialist, but sent the salary-deduction dispute to oral evidence.

• Unlawful Termination
• Specific Performance
• Deductions From Salary
• Audi Alteram Partem
• Contractual Novation
• Unlawful-termination

Holywood Sportsbook Gauteng v Commission for Conciliation, Mediation and Arbitration and Others (JR 344/22)

Holywood Sportsbook Gauteng v Commission for Conciliation, Mediation and Arbitration and Others (JR 344/22) [2023] ZALCJHB 245 (7 March 2023)

Court

Labour Court Johannesburg

Case number

JR 344/22

Judge

Z Lallie

Unopposed review of a CCMA award was granted after the Labour Court found the commissioner’s order for payment of part of salary was unsupported by the evidence.

• Remuneration Dispute
• Arbitration Review
• Deductions From Salary
• Basic Conditions Of Employment Act
• Arbitration-review
• Salary-deductions

Mnquma Local Municipality v Mbongwana (CA86/2019)

Mnquma Local Municipality v Mbongwana (CA86/2019) [2020] ZAECMHC 16 (19 May 2020)

Court

Eastern Cape High Court, Mthatha

Case number

CA86/2019

Judges

R W N Brooks, N G Beshe, M S Rugunanan

The court found that the respondent was never contractually entitled to the car allowance, as her conditions of service did not provide for such payment. The allowance was paid in error and did not form part of her remuneration as defined in the BCEA. Consequently, the cessation of the payment did not constitute a deduction under section 34 of the BCEA, and the appellant was not required to obtain the respondent's consent. The respondent was afforded adequate consultation prior to the cessation, satisfying any procedural requirements. The court a quo erred in finding that section 34 applied a…

Source excerpt

• Remuneration
• Deductions From Salary
• Basic Conditions Of Employment Act
• Motion Proceedings
• Consultation With Employee

Davids-Paulse v MEC: Department of Education : NC and Others (825/15)

Davids-Paulse v MEC: Department of Education : NC and Others (825/15) [2015] ZANCHC 37 (4 December 2015)

Court

Northern Cape High Court, Kimberley

Case number

825/15

Judges

Kgomo, Pakati

The court held that the applicant's claim, which concerned the deduction of salary due to non-compliance with sick leave procedures, fell squarely within the definition of an unfair labour practice under section 186(2)(a) of the Labour Relations Act. The Labour Court has exclusive jurisdiction over such matters, and the High Court cannot adjudicate them. The applicant's attempt to frame the dispute as an administrative action under PAJA was rejected, as the substance of the claim related to employment and labour relations. The court further found that the applicant had not properly exhausted…

Source excerpt

• Jurisdiction Of High Court
• Unfair Labour Practice
• Remuneration And Benefits
• Exhaustion Of Internal Remedies
• Administrative Action
• Deductions From Salary