South Africa Case Law

Bongoza and Others v Adcorp Blu A Divion of Fulfilment & Services (Pty) Ltd and Others (D60/2020)

Bongoza and Others v Adcorp Blu A Divion of Fulfilment & Services (Pty) Ltd and Others (D60/2020) [2024] ZALCD 41 (4 November 2024)

Court

Labour Court Durban

Case number

D60/2020

Judge

K Allen-Yaman

The Labour Court held that the retrenchments were substantively fair because National Brands proved operational need, and the applicants’ deemed-employment argument failed.

• Retrenchment
• Operational Requirements
• Selection Criteria
• Deemed Employment
• Section 189a Procedure
• Equal Treatment

Bata SA (Pty) Limited and Another v SACTWU obo Members and Others (DA4/2022)

Bata SA (Pty) Limited and Another v SACTWU obo Members and Others (DA4/2022) [2024] ZALAC 15; (2024) 45 ILJ 1541 (LAC); [2024] 8 BLLR 866 (LAC) (23 April 2024)

Court

Labour Appeal Court

Case number

DA4/2022

Judges

Waglay JP, Coppin JA, Savage AJA

The Labour Appeal Court held that section 198D of the Labour Relations Act does not empower the CCMA to grant substantive relief such as monetary awards or quantification of back pay in disputes concerning less favourable treatment of deemed employees. The section is intended to provide a process for determining the status of employment relationships and for granting declaratory relief regarding whether employees are deemed employees of the client and whether they have been treated less favourably. Once such declaratory relief is granted, aggrieved employees may pursue further remedies, inclu…

Source excerpt

• Temporary Employment Services
• Deemed Employment
• Unequal Treatment
• Ccma Jurisdiction
• Labour Relations Act Interpretation