South Africa Case Law

Keswa and Another v Office of Premier and Others (D320/23)

Keswa and Another v Office of Premier and Others (D320/23) [2025] ZALCD 5 (10 February 2025)

Court

Labour Court Durban

Case number

D320/23

Judge

Whitcher

The court found that no binding decision was made by the first respondent to upgrade the applicants' posts from level 9 to 12, as the necessary approvals were not obtained and the job evaluation process was incomplete. The applicants' reliance on submissions and recommendations did not amount to a final decision. The court further held that the bargaining council does have jurisdiction over the applicants' unfair labour practice dispute concerning the provision of benefits, as grading disputes are encompassed within such claims under the LRA. The arbitrator's ruling denying jurisdiction was t…

Source excerpt

• Unfair Labour Practice
• Job Evaluation
• Jurisdiction Of Bargaining Council
• Legality Review
• Provision Of Benefits

Greybe and Others v Public Service Co-Ordinating Bargaining Council (PSBC) and Others (JR1092/2023)

Greybe and Others v Public Service Co-Ordinating Bargaining Council (PSBC) and Others (JR1092/2023) [2024] ZALCJHB 508 (18 December 2024)

Court

Labour Court Johannesburg

Case number

JR1092/2023

Judge

Prinsloo

The Labour Court reviewed and set aside a PSCBC arbitration award on a grade-progression dispute, refusing condonation for a late answering affidavit and remitting the matter for fresh arbitration.

• Collective Agreement Interpretation
• Condonation
• Arbitration Review
• Job Evaluation
• Grade Progression
• Arbitration-review

IMATU obo Spangenberg and Others v Overberg District Municipality and Others (CA09/2023)

IMATU obo Spangenberg and Others v Overberg District Municipality and Others (CA09/2023) [2024] ZALAC 56; [2025] 2 BLLR 137 (LAC); (2025) 46 ILJ 321 (LAC) (15 November 2024)

Court

Labour Appeal Court

Case number

CA09/2023

Judges

Savage, Mlambo, Davis

The Labour Appeal Court set aside a Labour Court order made against a non-party PAC and restored the arbitration award in a job-evaluation dispute.

• Unfair Labour Practice
• Job Evaluation
• Procedural Fairness
• Arbitration Award
• Ultra Vires
• Remedies

NEHAWU obo Motseo v Department of Health Limpopo and Others (JR1817/18)

NEHAWU obo Motseo v Department of Health Limpopo and Others (JR1817/18) [2024] ZALCJHB 331 (30 August 2024)

Court

Labour Court Johannesburg

Case number

JR1817/18

Judge

T G Ntshebe

The Labour Court held that it lacked jurisdiction to entertain the review application in respect of the arbitration award because it was filed outside the statutory six-week period prescribed by section 145 of the LRA, and no condonation application was made. The absence of condonation is fatal to jurisdiction. Regarding the rescission ruling, the Court found that section 144 of the LRA did not apply because the arbitration award was not made in the absence of any party, nor was there a mistake common to the parties. Both parties were present and participated in the arbitration, and their dec…

Source excerpt

• Unfair Labour Practice
• Review Of Arbitration Award
• Rescission Application
• Condonation
• Jurisdiction
• Job Evaluation

Department of Public Service and Administration v Naidoo N.O. and Others (JR2348/18)

Department of Public Service and Administration v Naidoo N.O. and Others (JR2348/18) [2024] ZALCJHB 138 (7 March 2024)

Court

Labour Court Johannesburg

Case number

JR2348/18

Judge

S Snyman

Labour Court review of a PSCBC award: clause 18.1 of PSCBC Resolution 1 of 2012 did not justify retrospective salary upgrades for the employees.

• Collective Agreement Interpretation
• Arbitration Review
• Salary Grading
• Material Error Of Law
• Unfair Labour Practice
• Job Evaluation

Barnard v City of Cape Town and Others (C 485/2020)

Barnard v City of Cape Town and Others (C 485/2020) [2023] ZALCCT 19 (28 March 2023)

Court

Labour Court Cape Town

Case number

C 485/2020

Judge

Lagrange

The Labour Court refused condonation for a late review of two bargaining council rulings, finding the delay excessive, poorly explained, and lacking prospects of success.

• Condonation
• Unfair Labour Practice
• Jurisdiction
• Res Judicata
• Late Filing
• Job Evaluation

MEC for Public Works and Roads North West and Another v Public Service Co-ordinating Bargaining Council and Others (JR842/17)

MEC for Public Works and Roads North West and Another v Public Service Co-ordinating Bargaining Council and Others (JR842/17) [2023] ZALCJHB 6 (12 January 2023)

Court

Labour Court Johannesburg

Case number

JR842/17

Judge

V.G. Mkwibiso

The court held that the Commissioner materially misinterpreted the Collective Agreement by disregarding the requirement that grade progression is contingent on the grading of the position through job evaluation. The employees’ positions were graded at salary level 5, not salary level 6, and thus they could not be grade-progressed to salary level 7. The Commissioner’s award was unreasonable as it ignored the principles of job evaluation and grading, which are central to the Collective Agreement and Circular 2 of 2009. The court found that rewarding employees solely for length of service, witho…

Source excerpt

• Collective Agreement Interpretation
• Grade Progression
• Job Evaluation
• Arbitration Review
• Public Service Regulations

Department of Health: Kwazulu- Natal and Another v Commissioner Ngcengeni and Others (0967/2019)

Department of Health: Kwazulu- Natal and Another v Commissioner Ngcengeni and Others (0967/2019) [2022] ZALCD 36 (15 August 2022)

Court

Labour Court Durban

Case number

D967/2019

Judge

Allen-Yaman

The Labour Court reviewed and set aside an award on salary grade progression, holding that Resolution 3 of 2009 refers to the graded post, not the employee’s pay level.

• Collective Agreement Interpretation
• Salary Grade Progression
• Job Evaluation
• Public Service Regulations
• Collective-agreement-interpretation
• Salary-grade-progression

Mkhatshwa v Shanduka Coal (Pty) Ltd (JS28/2016)

Mkhatshwa v Shanduka Coal (Pty) Ltd (JS28/2016) [2022] ZALCJHB 177; (2022) 43 ILJ 2524 (LC) (6 July 2022)

Court

Labour Court Johannesburg

Case number

JS28/2016

Judge

Nkutha-Nkontwana

Labour Court held the applicant failed to prove race-based pay discrimination where comparators performed different work of greater scope and responsibility.

• Employment Equity Act
• Pay Discrimination
• Equal Pay For Equal Work
• Onus Of Proof
• Job Evaluation
• Remuneration Disparity

Department of Military Veterans v Moche and Others (JR1450/17)

Department of Military Veterans v Moche and Others (JR1450/17) [2022] ZALCJHB 44 (7 March 2022)

Court

Labour Court Johannesburg

Case number

JR1450/17

Judge

M Makhura

The court found that the Bargaining Council lacked jurisdiction to arbitrate the dispute because the referral was made outside the prescribed 90-day period and no application for condonation was submitted. The commissioner erred by failing to enquire into his jurisdiction before making a retrospective award. The act or omission giving rise to the dispute occurred in July or August 2013, or at the latest June 2015, when the first respondent became aware of his right to be compensated for additional responsibilities. The 90-day period does not run from the date the employer communicates its dec…

Source excerpt

• Unfair Labour Practice
• Condonation Of Late Referral
• Jurisdiction Of Bargaining Council
• Acting Allowance
• Job Evaluation