South Africa Case Law

Nhlapo v Department of Health Free State (JS489/2022)

Nhlapo v Department of Health Free State (JS489/2022) [2024] ZALCJHB 498 (10 December 2024)

Court

Labour Court Johannesburg

Case number

JS489/2022

Judge

RN Daniels

The court held that it lacks jurisdiction to adjudicate the plaintiff's claim because the dispute concerns the application of a collective agreement (Resolution 3 of 2007). Section 24 of the LRA requires such disputes to be resolved by arbitration, and section 157(5) of the LRA expressly excludes Labour Court jurisdiction in these circumstances. Section 73A of the BCEA does not override this requirement, as it applies only to claims for unpaid amounts where the dispute does not involve the interpretation or application of a collective agreement. The court distinguished this case from Kgasane,…

Source excerpt

• Collective Agreement Interpretation
• Jurisdiction Of Labour Court
• Section 73a Bcea
• Section 24 Lra
• Earnings Threshold
• Arbitration Procedure

Takenote Trading (Pty) Ltd v Commission for Conciliation, Mediation, and Arbitration and Others (JR1461/21)

Takenote Trading (Pty) Ltd v Commission for Conciliation, Mediation, and Arbitration and Others (JR1461/21) [2024] ZALCJHB 197 (24 January 2024)

Court

Labour Court Johannesburg

Case number

JR1461/21

Judge

Saunders

Review of a CCMA award dismissed: the Labour Court held that section 198B applied and the applicant failed to prove a valid fixed-term contract.

• Fixed Term Contracts
• Earnings Threshold
• Unfair Dismissal
• Section 198b Lra
• Compensation Award
• Fixed-term-contracts

Motsei and Others v General Public Service Sector Bargaining Council and Others (JR 38/2020)

Motsei and Others v General Public Service Sector Bargaining Council and Others (JR 38/2020) [2022] ZALCJHB 296 (26 October 2022)

Court

Labour Court Johannesburg

Case number

JR 38/2020

Judge

Van Niekerk

The court found that the applicants failed to meet the raised threshold for leave to appeal under section 17(1) of the Superior Courts Act. The review of the interlocutory ruling was not properly brought via supplementary affidavit, but should have been a separate application. The applicants' earnings, as established by a prior settlement agreement and conceded at arbitration, placed them above the threshold in section 198B(2)(a) of the LRA, making section 198B inapplicable. The arbitrator correctly considered all relevant factors, including financial constraints and the applicants' acknowled…

Source excerpt

• Leave To Appeal
• Review Of Arbitration Award
• Fixed Term Contracts
• Earnings Threshold
• Section 198b Lra

Safegaurd Chemicals t/a Maris Polymers South Africa v Frydas and Others (JR631/20)

Safegaurd Chemicals t/a Maris Polymers South Africa v Frydas and Others (JR631/20) [2022] ZALCJHB 359 (20 October 2022)

Court

Labour Court Johannesburg

Case number

JR631/20

Judge

Swartz

Labour Court review of a CCMA award set aside monetary awards made without jurisdiction and found the dismissal substantively fair but procedurally unfair.

• Ccma Jurisdiction
• Earnings Threshold
• Breach Of Employment Contract
• Procedural Fairness
• Unfair Dismissal
• Ccma-jurisdiction

Mondi Packaging (Pty) Ltd v Department of Labour and Others (J1523/05)

Mondi Packaging (Pty) Ltd v Department of Labour and Others (J1523/05) [2007] ZALCJHB 79 (21 September 2007)

Court

Labour Court Johannesburg

Case number

J1523/05

Judge

Molahlehi AJ

The Labour Court held that overtime pay is excluded from earnings for the BCEA threshold, so the compliance order for Sunday overtime pay stood.

• Basic Conditions Of Employment Act
• Earnings Threshold
• Overtime Pay
• Statutory Interpretation
• Ministerial Determination
• Labour-law

Mondi Packaging (Pty) Ltd v Department of Labour and Others (J 1523/05)

Mondi Packaging (Pty) Ltd v Department of Labour and Others (J 1523/05) [2007] ZALC 72; [2008] 3 BLLR 280 (LC); 2008 (4) SA 53 (LC); (2008) 29 ILJ 371 (LC) (21 September 2007)

Court

Labour Court

Case number

J 1523/05

Judge

Molahlehi AJ

The Labour Court held that overtime is excluded when calculating earnings for the BCEA threshold, and dismissed the employer’s appeal with costs.

• Basic Conditions Of Employment Act
• Earnings Threshold
• Overtime Pay
• Statutory Interpretation
• Labour-law
• Basic-conditions-of-employment-act