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South Africa decisions
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Miradel Street Investments CC v Mnisi and Others (144/2014) [2017] ZALCC 13 (20 January 2017)
The Land Claims Court dismissed an ESTA eviction application after finding the occupiers had long-standing, largely lawful residence and were not given fair engagement.
Cloete v R P Logistics (C 439/2013) [2014] ZALCCT 51 (21 October 2014)
The Labour Court held that Cloete’s retrenchment by R P Logistics was for valid operational requirements and was procedurally fair.
POPCRU obo Masemola and Others v Minister of Correctional Services (J1229/09) [2009] ZALCJHB 102 (30 June 2009)
The court found that the respondent failed to afford the suspended employees an opportunity to be heard prior to their suspension, in violation of established principles of fairness and procedural justice. The suspensions had a detrimental impact on the employees' reputations, dignity, and job security, as well as on the functioning of the union. The respondent did not provide any objectively justifiable reason for denying the employees access to the workplace, nor did it consult the union before suspending its shopstewards. The requirements for urgent relief were met, as the application was…
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National Union of Mineworkers and Others v Mazista Tiles (Pty) Ltd (507/2004) [2005] ZASCA 105; [2006] 3 All SA 337 (SCA); 2006 (4) SA 268 (SCA); (2006) 27 ILJ 471 (SCA) (23 November 2005)
The Supreme Court of Appeal held that the requirement for leave to appeal, as established in Fry's Metals, applies to all appeals from the Labour Appeal Court, including those noted before the procedural rule was introduced. The union did not have a vested right to appeal without leave, and the procedural requirement was not retroactively truncated. The court condoned the union's failure to seek leave due to the timing and permitted an oral application. On the merits, the court found that the issues raised were essentially fact-bound and did not involve significant points of law or principle…
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Van Rensburg v Sasko (Edms) Beperk (C814/2000) [2001] ZALC 189 (26 October 2001)
The Labour Court found a retrenchment unfair where consultation over a merged post was superficial and the employee was not meaningfully engaged.
Fourie v Amatola Water Board (P 830/00) [2000] ZALC 133; (2001) 22 ILJ 694 (LC) (16 November 2000)
The court held that the applicant is not entitled to an order postponing the disciplinary enquiry pending the outcome of criminal proceedings. The applicant's right to remain silent is not infringed by the disciplinary enquiry, as he is not compelled to give evidence and may choose to remain silent or waive that right. The prejudice faced by the applicant is not of a kind that warrants protection by the court, and the balance of convenience favours the employer's prerogative to discipline employees for serious misconduct. However, given the complexity of the matter, the seniority of the appli…
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South African Chemical Workers Union and others v Afrox Limited (JA24/98) [1999] ZALAC 8 (23 June 1999)
Labour Appeal Court held that Afrox’s dismissal of striking drivers was for operational requirements, not because they joined a protected strike.
Ngcobo and Others v Blyvooruitzicht Gold Mining Company Ltd (J1178/98) [1999] ZALC 64 (28 April 1999)
The Court found that the Respondent terminated the Applicants' contracts of employment, thus constituting a dismissal as defined in section 186(a) of the Labour Relations Act. The evidence showed that the Respondent and the union agreed to outsource the security function and offer alternative employment, but the Applicants rejected redeployment and requested to be retrenched. The Respondent acted on the union's representations and terminated the contracts, paying the agreed severance packages. The Court held that the Respondent was entitled to rely on the union's representations under the pri…
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Schweitzer v WACO Distributors (J463/97) [1998] ZALC 48 (28 July 1998)
The Labour Court held that dismissing an employee who had reached the normal retirement age of 65 was fair under section 187(2)(b) of the LRA.
SACCAWU and Others v Wimpy Aquarium (D211/97) [1998] ZALC 32 (18 June 1998)
The Labour Court dismissed a retrenchment challenge by six employees, finding the employer’s operational need genuine and the section 189 consultation fair.
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