South Africa Case Law

South African Police Service v Solidarity obo Conradie and Others (JR175/17; JR200/17)

South African Police Service v Solidarity obo Conradie and Others (JR175/17; JR200/17) [2019] ZALCJHB 159; (2019) 40 ILJ 1849 (LC) (28 June 2019)

Court

Labour Court Johannesburg

Case number

JR175/17; JR200/17

Judge

Mahosi

The Court found that the applicant failed to demonstrate reasonable prospects that the Labour Appeal Court would reach a different conclusion. The interpretation of section 10 of the Employment Equity Act by the Labour Court was consistent with the spirit and purpose of the Act and the Constitution. The Court emphasized the importance of expeditious dispute resolution in labour matters and found no compelling reason to grant leave to appeal. The requirements of law and fairness dictated that no order as to costs should be made.

Source excerpt

• Employment Equity Act Interpretation
• Internal Grievance Procedure
• Leave To Appeal Test
• Jurisdiction Of Ccma

S v Neotel (Pty) Ltd (EQ2/2015)

S v Neotel (Pty) Ltd (EQ2/2015) [2018] ZAEQC 1; 2019 (1) SA 622 (GJ) (31 July 2018)

Court

Equality Court

Case number

EQ2/2015

Judge

Spilg

The Equality Court dismissed a jurisdictional special plea, holding the complaint was not confined to an employment policy or practice under the Employment Equity Act.

• Equality Court Jurisdiction
• Employment Equity Act Interpretation
• Unfair Discrimination
• Gender Based Violence
• Access To Justice
• Remedial Powers

South African Police Services v Nkambule and Others (P 103/10)

South African Police Services v Nkambule and Others (P 103/10) [2013] ZALCPE 11 (21 May 2013)

Court

Labour Court Port Elizabeth

Case number

P 103/10

Judge

Lallie

The Labour Court held that a promotion-related unfair labour practice referral remained within the bargaining council’s jurisdiction, and dismissed the employer’s review.

• Unfair Labour Practice
• Promotion Dispute
• Jurisdiction Of Bargaining Council
• Employment Equity Act Interpretation
• Unfair-labour-practice
• Promotion-dispute