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South Africa Case Law

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Labour Law [2021] ZALCJHB 90

Nsele v SA National Parks and Another (JS283-17)

Nsele v SA National Parks and Another (JS283-17) [2021] ZALCJHB 90 (2 June 2021)

The Labour Court held that it had jurisdiction over the pleaded contractual wage dispute and dismissed the jurisdictional point in limine, with no costs order.

  • Jurisdiction Of Labour Court
  • Contractual Entitlement
  • Housing Allowance
  • Miss Joinder
  • Labour-court-jurisdiction
  • Basic-conditions-of-employment-act
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Labour Law [2017] ZALCCT 19

PSA obo Sehloho and Others v NCEDA (C63/15)

PSA obo Sehloho and Others v NCEDA (C63/15) [2017] ZALCCT 19 (4 May 2017)

The court found that the applicants' contracts of employment, as read with Annexure A, entitled them to the listed benefits—medical aid assistance, housing allowance, pension contributions, and a service bonus—payable in addition to their salaries. The employer's argument that these benefits were included in a 'total cost to company' package was not supported by the contract wording or by any evidence that the employees were informed of such an arrangement. The court further held that the dispute was properly reinstated and before the court, as withdrawal does not bar subsequent proceedings.…

  • Contractual Benefits
  • Basic Conditions Of Employment Act
  • Total Cost To Company
  • Employment Contract Interpretation
  • Housing Allowance
  • Service Bonus
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Labour Law [2014] ZALCJHB 132

CBI Electric: African Cables A Division of ATC (Pty) Ltd v National Union of Metal Workers of South Africa and Others (J818/14)

CBI Electric: African Cables A Division of ATC (Pty) Ltd v National Union of Metal Workers of South Africa and Others (J818/14) [2014] ZALCJHB 132 (4 April 2014)

The Labour Court dismissed an urgent application to stop a strike over a housing allowance, holding that the collective agreement did not bar a strike on that issue.

  • Collective Bargaining
  • Right To Strike
  • Collective Agreement Interpretation
  • Housing Allowance
  • Urgent Interdict
  • Right-to-strike
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Labour Law [2011] ZALCJHB 172

POPCRU obo Mahlangu v Premier, Gauteng and Another (JR 510/10)

POPCRU obo Mahlangu v Premier, Gauteng and Another (JR 510/10) [2011] ZALCJHB 172; (2012) 33 ILJ 1247 (LC) (2 December 2011)

The Labour Court dismissed POPCRU’s review over market-related rent for provincial housing, holding the State acted as lessor, not as employer.

  • Section 158 1 H Review
  • Collective Agreements
  • Housing Allowance
  • Public Service Staff Code
  • Ultra Vires Decision
  • Section-158-1-h-review
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Labour Law [1998] ZALC 21

Balfour/Siyathemba Transitional Local Authority v Commission for Conciliation, Mediation and Arbitration and Another (J937/97, J1284/97)

Balfour/Siyathemba Transitional Local Authority v Commission for Conciliation, Mediation and Arbitration and Another (J937/97, J1284/97) [1998] ZALC 21 (4 June 1998)

The Labour Court reviewed and set aside a CCMA award granting a housing allowance, holding the employee did not qualify under the collective agreement.

  • Collective Agreement
  • Housing Allowance
  • Review Of Arbitration Award
  • Jurisdictional Requirement
  • Review-of-arbitration-award
  • Collective-agreement
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.