South Africa Case Law

Naicker and Others v Muswaba and Others (C194/2024)

Naicker and Others v Muswaba and Others (C194/2024) [2024] ZALCCT 20 (31 May 2024)

Court

Labour Court Cape Town

Case number

C194/2024

Judge

R Lagrange

The court found that the applicants demonstrated a prima facie right to occupy the premises rent-free as part of their employment, though this was open to doubt and subject to pending bargaining council disputes. The urgency was not self-created, as the applicants acted promptly upon receiving unequivocal notice of eviction. The respondents' intention to proceed with eviction before the contractual disputes were resolved would undermine the statutory dispute resolution process and cause irreparable harm to the applicants and their families. The court held that the appropriate remedy was to gr…

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• Urgent Interdict
• Protected Disclosure Act
• Occupational Detriment
• Employment Contract Variation
• Eviction Proceedings
• Bargaining Council Dispute

Coetzee v Enviro Bio Chem (Pty) Ltd (C535/2020)

Coetzee v Enviro Bio Chem (Pty) Ltd (C535/2020) [2023] ZALCCT 62 (27 July 2023)

Court

Labour Court Cape Town

Case number

C535/2020

Judge

Lagrange

The Labour Court held that Coetzee’s dismissal was automatically unfair because Enviro did not prove an agreed retirement age applied at termination.

• Automatically Unfair Dismissal
• Retirement Age
• Employment Contract Variation
• Unfair Discrimination
• Oral Agreement
• Costs Award

Majatladi v Metropolitan Health Risk Management and Others (C 798/12)

Majatladi v Metropolitan Health Risk Management and Others (C 798/12) [2013] ZALCCT 15; (2013) 34 ILJ 3061 (LC) (5 June 2013)

Court

Labour Court Cape Town

Case number

C 798/12

Judge

Steenkamp

The court found that Metropolitan Health Risk Management made the continued employment relationship intolerable for the applicant by repeatedly pressurising her to continue acting in a position beyond the agreed contract period, suspending her twice, and subjecting her to unfair disciplinary proceedings for alleged insubordination after she had already been acquitted of similar charges. The employer's conduct amounted to harassment, victimisation, and a breach of contract. The instruction to continue acting in the HOD position after the contract expired was neither reasonable nor lawful, and…

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• Constructive Dismissal
• Unfair Dismissal
• Breach Of Contract
• Disciplinary Procedure
• Employment Contract Variation

Wanless v Fidelity (Pty) Ltd (D119/06)

Wanless v Fidelity (Pty) Ltd (D119/06) [2007] ZALC 107; (2008) 29 ILJ 2030 (LC) (27 September 2007)

Court

Labour Court

Case number

D119/06

Judge

Pillay D

The Labour Court held that Mrs Wanless retired at the agreed age of 60, not dismissed by Fidelity, and dismissed her unfair dismissal and discrimination claims with costs.

• Retirement Age
• Automatic Unfair Dismissal
• Employment Contract Variation
• Discrimination Claim
• Section 197 Transfer
• Employment Equity

W v Fidelity (Pty) Ltd (D119/06)

W v Fidelity (Pty) Ltd (D119/06) [2007] ZALCD 2 (27 September 2007)

Court

Labour Court Durban

Case number

D119/06

Judge

Pillay D

The Labour Court held that the employee’s service ended on the agreed retirement age of 60, not by dismissal, and dismissed her discrimination claim with costs.

• Retirement Age
• Automatic Dismissal
• Employment Contract Variation
• Discrimination Claim
• Section 197 Transfer
• Employment Equity