South Africa Case Law

Mkhize v Rand Water Soc Ltd and Others (JR1515/22)

Mkhize v Rand Water Soc Ltd and Others (JR1515/22) [2024] ZALCJHB 284 (2 August 2024)

Court

Labour Court Johannesburg

Case number

JR1515/22

Judge

L de Haan

The court held that the CCMA does not have jurisdiction to arbitrate an unfair labour practice dispute under section 186(2)(a) of the LRA where the facts giving rise to the dispute arose after the termination of the employment relationship. The applicant's entitlement to a bonus, if any, was not perfected during his employment but only became a dispute when the respondent paid bonuses to staff in January 2022 and refused to pay the applicant, who was no longer an employee. The authorities cited by the applicant do not support jurisdiction in these circumstances, as they concern disputes arisi…

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• Unfair Labour Practice
• Ccma Jurisdiction
• Termination Of Employment
• Employee Benefits
• Review Of Arbitration Award

Polokwane Municipality v South African Local Government Bargaining Council and Others (JR 1724/2020)

Polokwane Municipality v South African Local Government Bargaining Council and Others (JR 1724/2020) [2022] ZALCJHB 197 (29 July 2022)

Court

Labour Court Johannesburg

Case number

JR 1724/2020

Judge

Van Niekerk

The court held that the travel allowance policies of both municipalities do not constitute a 'benefit' under section 186(2)(a) of the LRA, as they provide for reimbursement of costs incurred on the employer's behalf rather than conferring a discretionary benefit. There was no contractual term entitling the employee to the broader travel allowance, and the applicant's conduct was not arbitrary, capricious, or inconsistent. The arbitrator erred in finding otherwise, and the award was set aside and substituted with a dismissal of the referral.

Source excerpt

• Unfair Labour Practice
• Employee Benefits
• Travel Allowance
• Review Of Arbitration Award

South African Post Office Ltd v Kriek and Others (P190/12)

South African Post Office Ltd v Kriek and Others (P190/12) [2016] ZALCPE 12 (22 April 2016)

Court

Labour Court Port Elizabeth

Case number

P190/12

Judge

Lagrange

The court found that the CCMA had jurisdiction to arbitrate the dispute as the TTD benefit was a discretionary benefit provided by SAPO, not solely governed by the insurer. The evidence established that SAPO made the decision to refuse Kriek's application for TTD benefits. The arbitrator's conclusion that the refusal was unfair was reasonable, given the lack of substantive medical grounds for the refusal and the absence of evidence of sick leave abuse. The punitive cost order was excessive and unjustified, as SAPO did not act in bad faith, though Kriek was put to unnecessary expense. The awar…

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• Unfair Labour Practice
• Employee Benefits
• Temporary Total Disability
• Jurisdiction Of Ccma
• Costs Award
• Remittal For Quantification

Western Cape Gambling & Racing Board v Commission for Conciliation, Mediation And Arbitration and Others (C973/2013)

Western Cape Gambling & Racing Board v Commission for Conciliation, Mediation And Arbitration and Others (C973/2013) [2015] ZALCCT 31; [2015] 9 BLLR 966 (LC); (2015) 36 ILJ 2166 (LC) (20 February 2015)

Court

Labour Court Cape Town

Case number

C973/2013

Judge

Rabkin-Naicker

The Labour Court dismissed a review of a CCMA award, holding that a public entity could not rely on the PFMA to avoid LRA obligations or deny benefits unfairly.

• Unfair Labour Practice
• Employee Benefits
• Public Finance Management Act
• Arbitration Review
• Remuneration Policy
• Unfair-labour-practice

South African Municipal Workers Union v City of Cape Town and Others (C 472/08)

South African Municipal Workers Union v City of Cape Town and Others (C 472/08) [2009] ZALC 155; (2010) 31 ILJ 724 (LC) (27 August 2009)

Court

Labour Court

Case number

C 472/08

Judge

Cele

Labour Court review of an award on whether withholding employer benefit contributions during strike or unpaid leave was an unfair labour practice.

• Unfair Labour Practice
• Employee Benefits
• Protected Strike
• Remuneration Vs Benefits
• Collective Agreement
• Basic Conditions Of Employment Act

Trafford Trading (Pty) Ltd v National Bargaining Council for the Leather Industry of South Africa and Others (D598/07)

Trafford Trading (Pty) Ltd v National Bargaining Council for the Leather Industry of South Africa and Others (D598/07) [2009] ZALCD 38 (29 April 2009)

Court

Labour Court Durban

Case number

D598/07

Judge

Cele

The Labour Court dismissed a review of an exemption refusal under a footwear collective agreement, finding the committee and appeal body acted reasonably.

• Collective Agreements
• Exemption Applications
• Procedural Fairness
• Review Of Administrative Action
• Employee Benefits
• Costs Orders

Monama and Others v Sefalana Empoyee Benefit Organization and Another (317/2000)

Monama and Others v Sefalana Empoyee Benefit Organization and Another (317/2000) [2002] ZANWHC 17 (23 May 2002)

Court

North West High Court, Mafikeng

Case number

317/2000

Judge

B.E. Nkabinde

The court dismissed a claim to cash withdraw provident fund benefits, finding the alternative fund was not employer-established and estoppel could not override the statute.

• Provident Fund Withdrawal
• Statutory Interpretation
• Estoppel
• Employee Benefits
• Provident-fund-withdrawal
• Statutory-interpretation