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South Africa decisions
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Moyo v Bull Brands Foods (Pty) Ltd (J 104/09) [2009] ZALC 160; (2010) 31 ILJ 951 (LC) (27 November 2009)
The Labour Court held it lacked jurisdiction to directly enforce BCEA rights as a court of first instance and dismissed the notice-pay claim with costs.
Ephraim v Bull Brand Foods (Pty) Ltd (J104/09) [2009] ZALCJHB 77; (2010) 31 ILJ 951 (LC) (27 November 2009)
The Labour Court held it had no first-instance jurisdiction to directly enforce BCEA notice-pay rights, and dismissed the referral with costs.
Swanepoel v Kievietskroon Country Estate (J2525/07) [2009] ZALC 217 (29 April 2009)
The court found that section 42 of the BCEA does not impose an absolute obligation on employers to issue a certificate of service unless requested by the employee. The applicant did not make a reasonable request prior to launching the application, and the respondent did not refuse to provide the certificate but was awaiting the personnel manager's return. The Labour Court's jurisdiction under section 77(3) of the BCEA was doubtful, as the right to a certificate of service is not a basic condition of employment as defined in the Act. The court held that the applicant should have pursued enforc…
Source excerpt
Swanepoel v Kievieskroon Country Estate (J2525/07) [2009] ZALCJHB 86 (29 April 2009)
The Labour Court ordered the employer to issue a certificate of service, but refused costs, finding the application unnecessary and premature.
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