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South Africa decisions
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Marape v Minister of Defence and Military Veterans and Others (45699/2021) [2024] ZAGPPHC 1252 (2 December 2024)
The High Court dismissed an urgent contempt application over an attempted military transfer, finding no wilful breach of a prior interdict, but awarded costs to the applicant.
Sullivan and Others v Minister of Defence and Military Veterans and Others (37166/2023) [2024] ZAGPPHC 197 (29 February 2024)
The court granted interim relief restoring technical allowances to three SANDF employees pending grievances and possible review proceedings, finding the discontinuance likely unlawful.
Governing Body: Apostolic Faith Mission Ngwelezane Assembly v Ndlovu and Others (4025/2017) [2023] ZAKZDHC 53 (10 August 2023)
The court held that a self-created interim church committee had no constitutional authority to expel a pastor, control church affairs, or operate church bank accounts.
Victory Parade Trading 227 (Pty) Ltd t/a Omega Selection v Carelse and Others (C282/2019) [2022] ZALCCT 19 (29 April 2022)
The court held that the First Respondent failed to establish that her resignation was a last resort after exhausting all internal remedies. The incidents cited were isolated and did not cumulatively render continued employment intolerable. The Applicant's directors acknowledged wrongdoing and attempted to remedy the situation. The First Respondent did not fully utilize the grievance process, and her resignation was not objectively justified as a constructive dismissal. Therefore, the CCMA lacked jurisdiction, and the arbitration award was incorrect and must be set aside.
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Molaba v Mangaung Metropolitan Municipality and Another (1589/2022) [2022] ZAFSHC 358 (11 January 2022)
The court found that the applicant's employment status had been restored and he was occupying his position without hindrance. There was no longer a live controversy or threat to his employment, rendering the matter moot. The applicant's fears of future transfers were speculative and did not justify judicial intervention. The court held that it does not exist to resolve hypothetical issues or grant orders for conjectural anxieties. The application was dismissed and costs awarded against the applicant.
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Budhal v Department of Education - KZN and Others (D884/19) [2021] ZALCD 82 (14 December 2021)
The Labour Court granted condonation, reviewed and set aside a refusal of condonation, and ordered a fresh arbitration on the applicant’s dispute.
Tiso Black Star Group (Pty) Ltd v Ndabeni and Others (JR 2196/18) [2020] ZALCJHB 187 (28 August 2020)
The Labour Court found that the arbitrator erred in applying a subjective test focused on the Respondent's feelings of desperation rather than objectively assessing whether continued employment was intolerable and whether the Applicant was culpably responsible for such conditions. The Court held that the Respondent's financial distress was an isolated incident resulting from her own conduct and not from any intolerable environment created by the Applicant. The Applicant had procedures in place for reimbursement and offered the Respondent an opportunity to lodge a grievance, which she declined…
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Luthuli v South African National Blood Service and Another (J1914/19) [2019] ZALCJHB 296 (30 October 2019)
The Labour Court dismissed an urgent interim interdict application brought under the Protected Disclosures Act. It found no prima facie protected disclosure or causal link to the suspension.
South African Police Service v Solidarity obo Conradie and Others (JR175/17; JR200/17) [2019] ZALCJHB 159; (2019) 40 ILJ 1849 (LC) (28 June 2019)
The Court found that the applicant failed to demonstrate reasonable prospects that the Labour Appeal Court would reach a different conclusion. The interpretation of section 10 of the Employment Equity Act by the Labour Court was consistent with the spirit and purpose of the Act and the Constitution. The Court emphasized the importance of expeditious dispute resolution in labour matters and found no compelling reason to grant leave to appeal. The requirements of law and fairness dictated that no order as to costs should be made.
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Johnson v Rajah NO and Others (JR33/15) [2017] ZALCJHB 25 (26 January 2017)
Review dismissed after the Labour Court held the applicant failed to prove constructive dismissal and had a reasonable alternative in a grievance procedure.
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