South Africa Case Law

SATAWU obo Members v Command Security Services (Pty) Ltd and Others (JR437/01, J787/02)

SATAWU obo Members v Command Security Services (Pty) Ltd and Others (JR437/01, J787/02) [2016] ZALCJHB 46 (10 February 2016)

Court

Labour Court Johannesburg

Case number

JR437/01 & J787/02

Judge

AC Basson

The court found that Command Security Services (Pty) Ltd was the employer liable to comply with the reinstatement order. There was no evidence that the suspensive conditions for the sale of the business to Ixia Trading 234 (Pty) Ltd were fulfilled, and Ixia never traded under the Command name. The first respondent continued to act as employer in meetings and negotiations with the union regarding reinstatement. The directors of the first respondent were aware of the Labour Court order prior to the contempt application. The respondents' version that they were not the employer and were unaware o…

Source excerpt

• Section 197 Transfer
• Reinstatement Order
• Contempt Of Court
• Identity Of Employer
• Fraudulent Misrepresentation

Makinana and Others v Harbron t/a Harbron Quarries and Groenendal Boerdery (P285/07)

Makinana and Others v Harbron t/a Harbron Quarries and Groenendal Boerdery (P285/07) [2013] ZALCPE 2; [2013] 6 BLLR 591 (LC); (2013) 34 ILJ 2618 (LC) (14 February 2013)

Court

Labour Court Port Elizabeth

Case number

P285/07

Judge

D H Gush

The Labour Court held that an unchallenged CCMA ruling identifying the respondent as employer was binding for trial purposes unless reviewed and set aside.

• Identity Of Employer
• Issue Estoppel
• Res Judicata
• Automatically Unfair Dismissal
• Ccma Jurisdiction
• Review Of Arbitration Award

Nzingele v Pickitup (Pty) Ltd (JR 1480/02)

Nzingele v Pickitup (Pty) Ltd (JR 1480/02) [2007] ZALC 130 (18 September 2007)

Court

Labour Court

Case number

JR 1480/02

Judge

R D Hendricks

The Labour Court dismissed a review of an arbitration ruling on who employed the applicants, finding no gross irregularity and no irrationality.

• Review Of Arbitration Award
• Identity Of Employer
• Gross Irregularity
• Jurisdiction Of Ccma
• Review-of-arbitration-award
• Identity-of-employer

Nzingele v Pickitup (Pty) Ltd (JR1480/02)

Nzingele v Pickitup (Pty) Ltd (JR1480/02) [2007] ZALCJHB 11 (18 September 2007)

Court

Labour Court Johannesburg

Case number

JR1480/02

Judge

R D Hendricks

The Labour Court held that the arbitrator correctly found the fourth respondent, not the third, was the applicants’ employer and dismissed the review.

• Review Of Arbitration Award
• Identity Of Employer
• Gross Irregularity
• Jurisdiction Of Ccma
• Labour Broker Relationship
• Labour-law