South Africa Case Law

National Bargaining Council For the Road Freight And Logistics Industry v Bloch N.O and Others (JR 1662/20)

National Bargaining Council For the Road Freight And Logistics Industry v Bloch N.O and Others (JR 1662/20) [2024] ZALCJHB 22; (2024) 45 ILJ 1015 (LC) (26 January 2024)

Court

Labour Court Johannesburg

Case number

JR 1662/20

Judge

S Snyman

The Labour Court granted condonation, but dismissed a review of an arbitration award upholding an incentive scheme under a bargaining council agreement.

• Collective Agreement Compliance
• Incentive Scheme
• Substantial Compliance
• Arbitration Review
• Condonation
• Enforcement Of Awards

Interstate Bus Lines (Pty) Ltd v Venter NO and Others (JR1840/11)

Interstate Bus Lines (Pty) Ltd v Venter NO and Others (JR1840/11) [2015] ZALCJHB 269 (20 August 2015)

Court

Labour Court Johannesburg

Case number

JR1840/11

Judge

Myburgh, AJ

The Labour Court set aside an arbitration award after finding the commissioner exceeded his powers by redefining the agreed issue in an incentive dispute.

• Unfair Labour Practice
• Incentive Scheme
• Protected Strike
• Arbitration Review
• Picketing
• Interpretation Of Contractual Terms

Mutepe v National Housing Finance Corporation State Owned Company Limited (2012/47015, 2013/06184, 2013/30024)

Mutepe v National Housing Finance Corporation State Owned Company Limited (2012/47015, 2013/06184, 2013/30024) [2014] ZAGPJHC 331 (21 November 2014)

Court

South Gauteng High Court, Johannesburg

Case number

2012/47015, 2013/06184, 2013/30024

Judge

G Damalis

The High Court dismissed claims for damages, incentive bonuses, and a gratuity after finding no proven three-year employment contract and no accepted gratuity offer.

• Fixed Term Employment Contract
• Tacit Agreement
• Termination Of Employment
• Incentive Scheme
• Specific Performance
• Gratuity Payment

Food and Allied Workers Union v TSB Sugar RSA Ltd and Others (JA 57/2011)

Food and Allied Workers Union v TSB Sugar RSA Ltd and Others (JA 57/2011) [2013] ZALAC 15; [2013] 10 BLLR 973 (LAC) (13 June 2013)

Court

Labour Appeal Court

Case number

JA 57/2011

Judges

Waglay, Davis, Tlaletsi

The Labour Appeal Court held that the disputes regarding the incentive bonus and funeral benefit were disputes of right, as they concerned the application and interpretation of existing collective agreements and employment conditions. The incentive scheme was governed by agreed rules for the relevant financial year, and the funeral benefit was regulated by collective agreement. As such, the issues were not matters of mutual interest that could be pursued through protected strike action but were subject to resolution by arbitration or the Labour Court. The Labour Court did not err in declaring…

Source excerpt

• Protected Strike
• Collective Agreement
• Dispute Of Right
• Funeral Benefit
• Incentive Scheme