South Africa Case Law

FAWU obo Members v Imperial Logistics (Pty) Ltd and Others (Application for Leave to Appeal) (JR62/20)

FAWU obo Members v Imperial Logistics (Pty) Ltd and Others (Application for Leave to Appeal) (JR62/20) [2024] ZALCJHB 465 (22 November 2024)

Court

Labour Court Johannesburg

Case number

JR62/20

Judge

G Mafa-Chali

The Labour Court dismissed FAWU’s unopposed application for leave to appeal, finding no reasonable prospects of success and no other compelling reason.

• Collective Agreements
• Severance Pay
• Contractual Incorporation
• Interpretation Of Agreements
• Leave To Appeal
• Reasonable Prospects Of Success

Richter N.O and Others v Richter and Others (1988/2017)

Richter N.O and Others v Richter and Others (1988/2017) [2021] ZAFSHC 294 (18 November 2021)

Court

Free State High Court, Bloemfontein

Case number

1988/2017

Judge

P. J. Loubser

The High Court dismissed leave to appeal against a judgment upholding a compromise plea, finding no reasonable prospect of success.

• Compromise Agreement
• Trust Litigation
• Leave To Appeal
• Special Plea
• Interpretation Of Agreements
• Leave-to-appeal

Tiger Brands Ltd t/a Albany Bakeries v Food and Allied Workers Union obo Members (FAWU) and Others (J2395/18)

Tiger Brands Ltd t/a Albany Bakeries v Food and Allied Workers Union obo Members (FAWU) and Others (J2395/18) [2020] ZALCJHB 47 (14 February 2020)

Court

Labour Court Johannesburg

Case number

J2395/18

Judge

D Mahosi

The Labour Court confirmed an interdict against threatened strike action, holding the dispute concerned interpretation of a recognition agreement, not mutual interest.

• Collective Agreements
• Protected Strike Action
• Ccma Jurisdiction
• Interpretation Of Agreements
• Costs In Labour Matters
• Collective-agreements

Ngewu v Makgoba N.O and Others (AR256/15)

Ngewu v Makgoba N.O and Others (AR256/15) [2016] ZAKZPHC 39 (29 April 2016)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

AR256/15

Judges

Van Zyl, Jappie, Henriques

The court dismissed an appeal seeking reinstatement as Bishop, holding that the voluntary suspension remained in force until the disciplinary process was completed.

• Interpretation Of Agreements
• Church Governance
• Voluntary Suspension
• Disciplinary Proceedings
• Canon Law
• Interdict

BMW (South Africa) (Pty) Ltd v National Union of Metal Workers of South Africa (NUMSA) obo Members (J 1752/2013)

BMW (South Africa) (Pty) Ltd v National Union of Metal Workers of South Africa (NUMSA) obo Members (J 1752/2013) [2013] ZALCJHB 238 (4 September 2013)

Court

Labour Court Johannesburg

Case number

J1752/2013

Judge

Malindi

The Labour Court granted BMW leave to appeal in a dispute over whether a strike concerning shift allowances was barred by a collective agreement.

• Collective Agreements
• Protected Strike Action
• Shift Allowances
• Interpretation Of Agreements
• Collective-agreements
• Protected-strike-action

H & A Manufacturing (Pty) Ltd v Pender-Smith and Others (D124/12)

H & A Manufacturing (Pty) Ltd v Pender-Smith and Others (D124/12) [2013] ZALCD 22; (2013) 34 ILJ 2581 (LC) (22 February 2013)

Court

Labour Court Durban

Case number

D124/12

Judge

Haslop

The Labour Court held that section 24(8) of the Labour Relations Act is not confined to collective agreements but extends to settlement agreements contemplated in sections 142A or 158(1)(c). The CCMA therefore has jurisdiction to interpret and apply such settlement agreements, including determining their validity where an employee alleges duress. The court rejected the applicant's argument that the CCMA's jurisdiction is limited to collective agreements and found that the concepts of interpretation and application include disputes over the relevance and practical operation of agreements. The…

Source excerpt

• Ccma Jurisdiction
• Settlement Agreement
• Interpretation Of Agreements
• Unfair Dismissal
• Retrenchment
• Waiver Of Rights

SAA Technical (Pty) Ltd v Sjolund NO and Others (JR2258/11)

SAA Technical (Pty) Ltd v Sjolund NO and Others (JR2258/11) [2012] ZALCJHB 162 (18 December 2012)

Court

Labour Court Johannesburg

Case number

JR2258/11

Judge

Bhoola

Labour Court review of a CCMA declaratory award concerning a collective agreement, secondary salary and pension contributions. Award set aside and remitted.

• Collective Agreements
• Interpretation Of Agreements
• Prescription Act
• Unreasonable Delay
• Jurisdiction Of Commissioner
• Labour-law

Premier, Limpopo Province v Makgoka and Others (JR 1194/10)

Premier, Limpopo Province v Makgoka and Others (JR 1194/10) [2010] ZALC 87; (2010) 31 ILJ 2974 (LC) (29 June 2010)

Court

Labour Court

Case number

JR 1194/10

Judge

Lagrange

The Labour Court stayed execution of a writ pending determination of the quantum due under a settlement agreement and whether the applicant had complied.

• Settlement Agreement Enforcement
• Subsistence Allowance
• Interpretation Of Agreements
• Urgent Interim Relief
• Labour-law
• Urgent-interim-relief

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

First National Bank Limited (Westbank Division) v Mooi NO and Others (JR1018/07) [2008] ZALC 99; (2009) 30 ILJ 336 (LC) (24 July 2008)

Court

Labour Court

Case number

JR1018/07

Judge

Molahlehi

The Labour Court reviewed and set aside a CCMA condonation ruling after finding the commissioner exceeded his powers by ruling on a confidential settlement agreement.

• Condonation
• Jurisdiction Of Ccma
• Settlement Agreement
• Full And Final Settlement
• Interpretation Of Agreements
• Ccma-jurisdiction

Mathosi and Others v Kintetsu World Express (Pty) Ltd and Another (J1357/07)

Mathosi and Others v Kintetsu World Express (Pty) Ltd and Another (J1357/07) [2008] ZALCJHB 81 (31 March 2008)

Court

Labour Court Johannesburg

Case number

J1357/07

Judge

Moshoana

The Labour Court dismissed an application to make a CCMA settlement agreement an order of court, finding no proven non-compliance with the agreement.

• Section 158 Relief
• Settlement Agreement Enforcement
• Interpretation Of Agreements
• Specific Performance
• Labour-law
• Ccma-settlement-agreement