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South Africa decisions
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Compensation Commissioner v Van Vuuren (A641/2008) [2014] ZAGPPHC 909 (14 November 2014)
High Court appeal on whether a deceased sole proprietor qualified as an employee under the Compensation for Occupational Injuries and Diseases Act.
Daniels v Standard Bank of South Africa Ltd and Another (JS246/2011) [2013] ZALCJHB 115 (6 June 2013)
The Labour Court granted condonation for a 13-day late statement of case in an unfair dismissal dispute involving Standard Bank and EOH.
Shell SA Energy (Pty) Ltd v National Bargaining Council for Chemical Industry (“NBCCI”) and Others (JA 42/10) [2012] ZALAC 39; (2013) 34 ILJ 1490 (LAC) (12 December 2012)
The Labour Appeal Court held that a jurisdictional dispute over the true employer could not be resolved as conciliation without viva voce evidence.
Wienand v Pharma Natura (Pty) Ltd (JR561/2011) [2012] ZALCJHB 72; (2013) 34 ILJ 1012 (LC) (12 July 2012)
The Labour Court reviewed a jurisdictional ruling and held that an employment relationship existed, giving the bargaining council jurisdiction.
Avroy Shlain Cosmetics (Pty) Ltd v Kok and Another (J202/97) [1997] ZALC 1 (1 January 1997)
The Labour Court held that it does not have jurisdiction to adjudicate the unfair dismissal dispute at this stage, as the Labour Relations Act requires such disputes (other than those specifically listed in section 191(5)(b)) to be resolved through arbitration by the CCMA. The existence of an employer/employee relationship is a jurisdictional fact that the CCMA must determine in the first instance, subject to review by the Labour Court. The applicant's attempt to bypass the statutory process and seek declaratory relief directly in the Labour Court was rejected. However, given the material dis…
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