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South Africa Case Law

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Labour Law [2023] ZALCJHB 5

Adapt (Pty) Ltd v Maseko and Others (JR701/2019)

Adapt (Pty) Ltd v Maseko and Others (JR701/2019) [2023] ZALCJHB 5 (13 January 2023)

Court
Labour Court Johannesburg
Case number
JR701/2019
Judge
Swartz

The court found that while the applicant's failure to conduct a performance appraisal for the first respondent and to formally communicate her ineligibility for a salary increase and bonus was unfair, the compensation awarded by the commissioner was excessive given the subsequent dismissal for poor performance. The CCMA had jurisdiction to determine the unfair labour practice claim but exceeded its jurisdiction in awarding contractual claims for salary increase and bonus, as the first respondent's earnings were above the statutory threshold. The award was reviewed and set aside, and the appli…

Source excerpt

  • Unfair Labour Practice
  • Discretionary Bonus
  • Performance Appraisal
  • Ccma Jurisdiction
  • Condonation
  • Contractual Claims
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Labour Law [2015] ZALCCT 43

Rainbow Farms (Pty) Ltd v CCMA and Others (C377/2012)

Rainbow Farms (Pty) Ltd v CCMA and Others (C377/2012) [2015] ZALCCT 43 (29 May 2015)

Court
Labour Court Cape Town
Case number
C377/2012
Judge
Steenkamp

The court held that the CCMA had jurisdiction to arbitrate the dispute as an unfair labour practice relating to benefits, notwithstanding the initial reference to discrimination. The arbitrator correctly found that the discretionary bonus constituted a 'benefit' under section 186(2)(a) of the LRA, following established Labour Court and Labour Appeal Court authority. On the merits, the arbitrator's finding that the process for awarding bonuses was flawed and amounted to unfair conduct was reasonable and supported by the evidence. The award of compensation equivalent to one month's wages for ea…

Source excerpt

  • Unfair Labour Practice
  • Discretionary Bonus
  • Benefits Under Lra
  • Jurisdiction Of Ccma
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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.