South Africa Case Law

Tongaat Hulett Limited (In Business Rescue) and Others v South African Sugar Association and Others (Leave to Appeal) (D4472/2023)

Tongaat Hulett Limited (In Business Rescue) and Others v South African Sugar Association and Others (Leave to Appeal) (D4472/2023) [2024] ZAKZDHC 19 (6 May 2024)

Court

Kwazulu-Natal High Court, Durban

Case number

D4472/2023

Judge

Vahed

Leave to appeal was refused in a business rescue dispute over whether obligations under the Sugar Industry Agreement could be suspended.

• Business Rescue
• Statutory Obligations
• Subordinate Legislation
• Constitutional Challenge
• Interpretation Of Agreement
• Costs Orders

Phokane v Bokoni Platinum Mines and Others (J 3729/18)

Phokane v Bokoni Platinum Mines and Others (J 3729/18) [2021] ZALCJHB 123 (19 June 2021)

Court

Labour Court Johannesburg

Case number

J 3729/18

Judge

Tlhotlhalemaje

Labour Court dismissed a declaratory application over retrenchment-related job appointments, holding the dispute belonged at the CCMA and was moot.

• Unfair Labour Practice
• Jurisdiction Of Ccma
• Mootness
• Declaratory Relief
• Section 189 Retrenchment
• Interpretation Of Agreement

Penny v OMB Waste Logistics (Pty) Ltd (32116/13)

Penny v OMB Waste Logistics (Pty) Ltd (32116/13) [2013] ZAGPPHC 422 (6 December 2013)

Court

North Gauteng High Court, Pretoria

Case number

32116/13

Judge

E Swartz

The High Court held that the parties had already reached agreement on payment terms, and that later requests for documents were not a new condition precedent.

• Contractual Obligations
• Payment Of Debt
• Interpretation Of Agreement
• Contract-law
• Payment-disputes
• Agreement-interpretation

HOSPERSA and Others v MEC For Health Western Cape and Others (C37/2011)

HOSPERSA and Others v MEC For Health Western Cape and Others (C37/2011) [2011] ZALCCT 72 (9 February 2011)

Court

Labour Court Cape Town

Case number

C37/2011

Judge

Steenkamp

Urgent interim interdict granted to keep two union shop stewards seconded pending arbitration over Resolution 1 of 2003.

• Collective Agreements
• Interim Interdict
• Full Time Shop Steward
• Secondment
• Urgency
• Interpretation Of Agreement

Premier, Limpopo Province v Makgoka and Others (JR1194/10)

Premier, Limpopo Province v Makgoka and Others (JR1194/10) [2010] ZALCJHB 33 (29 June 2010)

Court

Labour Court Johannesburg

Case number

JR1194/10

Judge

Lagrange

The Labour Court stayed execution of a writ over a disputed travel allowance settlement, pending determination of the correct quantum and compliance.

• Unfair Labour Practice
• Settlement Agreement Enforcement
• Quantum Of Award
• Stay Of Execution
• Interpretation Of Agreement
• Stay-of-execution

First National Bank Ltd (Westbank Division) v Mooi NO and Others (JR1018/07)

First National Bank Ltd (Westbank Division) v Mooi NO and Others (JR1018/07) [2009] ZALCJHB 21 (5 February 2009)

Court

Labour Court Johannesburg

Case number

JR1018/07

Judge

Molahlehi

The Labour Court granted leave to appeal, finding a reasonable prospect that another court might reach a different conclusion on the CCMA’s powers and an alleged irregularity.

• Leave To Appeal
• Collective Bargaining Agreement
• Gross Irregularity
• Interpretation Of Agreement
• Leave-to-appeal
• Ccma

Profal v National Entitled Workers Union (J4285/01)

Profal v National Entitled Workers Union (J4285/01) [2001] ZALC 158 (3 October 2001)

Court

Labour Court

Case number

J4285/01

Judge

E Revelas

The court found that the dispute between the parties related to the interpretation and application of the Main Agreement of the MEIBC, which governs wages and substantive conditions of employment. As such, the dispute must be resolved through the procedures prescribed in section 24 of the Labour Relations Act. The applicant established urgency and a clear right to relief, as it would suffer irreparable harm if industrial action proceeded before the dispute was resolved. The court held that the respondents may not call for or participate in industrial action pending the determination of the di…

Source excerpt

• Collective Agreements
• Refusal To Bargain
• Strike Interdict
• Interpretation Of Agreement