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South Africa decisions
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Coetzee v Enviro Bio-Chem (Pty) Ltd (C535/2020; JS220/2020) [2021] ZALCCT 39 (8 June 2021)
The Labour Court held that the April 2015 agreement did not impliedly bar an automatically unfair dismissal claim, and dismissed the respondent’s jurisdictional special plea.
Feni v The Pan South African Language Board and Another (25170/2016) [2017] ZAGPPHC 1144 (27 June 2017)
The High Court dismissed a challenge to PanSALB’s CEO appointment, finding the advertisement lawful, the appointment reasonable, and the contract valid.
Cindi and Others v Minister of Arts and Culture and Others (J157/14) [2015] ZALCJHB 361 (27 October 2015)
The Labour Court dismissed a challenge to a ministerial appointment and related employment contracts, holding that it lacked jurisdiction over the dispute.
Discovery Health Limited v Commission For Conciliation, Mediation and Arbitration and Others (JR 2877/06) [2008] ZALC 24; [2008] 7 BLLR 633 (LC) ; (2008) 29 ILJ 1480 (LC) (28 March 2008)
The court held that the absence of a valid work permit does not automatically render an employment contract void under the Immigration Act, as the Act penalizes only the employer and does not explicitly invalidate such contracts. The definition of 'employee' in section 213 of the Labour Relations Act is not limited to persons with valid contracts of employment but extends to anyone who works for another and receives remuneration. Constitutional and international law require a purposive interpretation that protects the right to fair labour practices. Therefore, Lanzetta was an 'employee' under…
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