South Africa Case Law

NEHAWU obo Tshavhunga v CEO for Estate Agency Affairs Board N.O and Another (D254/19)

NEHAWU obo Tshavhunga v CEO for Estate Agency Affairs Board N.O and Another (D254/19) [2022] ZALCD 23 (22 June 2022)

Court

Labour Court Durban

Case number

D254/19

Judge

B. Purdon

The Labour Court dismissed NEHAWU’s bid to enforce a salary increase for a member, finding no binding agreement and holding the job grading process controlled the outcome.

• Remuneration Dispute
• Basic Conditions Of Employment Act
• Job Grading
• Unfair Labour Practice
• Salary Adjustment
• Employment Contract

Yende v Public Service Coordinating Bargaining Council (PSCBC) and Others (C 690/2018)

Yende v Public Service Coordinating Bargaining Council (PSCBC) and Others (C 690/2018) [2021] ZALCCT 36 (2 June 2021)

Court

Labour Court Cape Town

Case number

C 690/2018

Judge

Lagrange

The Labour Court refused condonation for a late review and dismissed the review. It found the delay was excessive and the arbitration award was reasonably decided.

• Collective Agreement Interpretation
• Condonation For Late Filing
• Job Grading
• Salary Levels
• Public Service Act
• Condonation-for-late-filing

Overberg District Municipality (ODM) v IMATU obo Spangenberg and Others (C 157/18)

Overberg District Municipality (ODM) v IMATU obo Spangenberg and Others (C 157/18) [2020] ZALCCT 38 (10 June 2020)

Court

Labour Court Cape Town

Case number

C 157/18

Judge

Lagrange

The court found that the municipality's explanation for the late filing of the arbitration record was reasonable, given the supply chain management constraints and the length of the audio recordings, although its failure to invoke clause 11.2.3 of the Practice Manual was deprecated. The explanation for the delay in filing the supplementary affidavit was unsatisfactory due to lack of detail, but not so deficient as to bar reinstatement. The municipality met the low threshold for prospects of success, as it raised a bona fide legal issue regarding the arbitrator's interpretation of the municipa…

Source excerpt

• Labour Court Practice Manual
• Condonation
• Review Of Arbitration Award
• Job Grading
• Municipal Manager Powers

Emfuleni Local Municipality v South African Local Government Bargaining Council and Others (JR741/16)

Emfuleni Local Municipality v South African Local Government Bargaining Council and Others (JR741/16) [2019] ZALCJHB 367 (11 November 2019)

Court

Labour Court Johannesburg

Case number

JR741/16

Judge

Van Niekerk

The arbitrator committed a reviewable irregularity by assuming the dispute was about an unfair labour practice relating to promotion, without proper consideration of the referral form, evidence, or the true nature of the dispute. The evidence indicated that the employees sought a change in job grading, not promotion to a post with greater responsibility or status. As such, the dispute was not arbitrable under section 186(2)(a) of the LRA. The arbitrator's award was unreasonable and must be set aside.

Source excerpt

• Unfair Labour Practice
• Job Grading
• Promotion Dispute
• Arbitration Review

National Union of Mineworkers obo Coetzee and Others v Eskom Holdings SOC Ltc and Others (CA4/2018)

National Union of Mineworkers obo Coetzee and Others v Eskom Holdings SOC Ltc and Others (CA4/2018) [2019] ZALAC 62; [2020] 2 BLLR 125 (LAC); (2020) 41 ILJ 391 (LAC) (4 October 2019)

Court

Labour Appeal Court

Case number

CA 4/2018

Judges

Davis, Murphy, Kathree-Setiloane

The Labour Appeal Court restored a CCMA award upgrading Eskom employees’ job grades, holding the dispute concerned unfair grading of benefits, not promotion.

• Unfair Labour Practice
• Job Grading
• Migration Policy
• Benefits
• Promotion
• Remuneration

Nkambule and Another v National Bargaining Council for the Chemical Industries and Others (JR1391/14)

Nkambule and Another v National Bargaining Council for the Chemical Industries and Others (JR1391/14) [2017] ZALCJHB 100 (29 March 2017)

Court

Labour Court Johannesburg

Case number

JR1391/14

Judge

Lagrange

The Labour Court dismissed a review of an unfair labour practice award concerning job grading, retrospective back-pay, and level 2A placement.

• Unfair Labour Practice
• Job Grading
• Retrospective Remuneration
• Promotion Dispute
• Unfair-labour-practice
• Job-grading

Mabala v Tiger Foods Brand Limited (J2790/13)

Mabala v Tiger Foods Brand Limited (J2790/13) [2015] ZALCJHB 81 (3 March 2015)

Court

Labour Court Johannesburg

Case number

J2790/13

Judge

Rabkin-Naicker

The Labour Court found a material dispute of fact over an alleged underpayment claim and ordered the matter to proceed as an action, with costs reserved.

• Remuneration Dispute
• Section 77 Bcea
• Job Grading
• Motion To Action Conversion
• Labour-law
• Basic-conditions-of-employment-act

Myburgh v Barinor Holdings (Pty) Ltd and Another (C 820/13)

Myburgh v Barinor Holdings (Pty) Ltd and Another (C 820/13) [2015] ZALCCT 1 (28 January 2015)

Court

Labour Court Cape Town

Case number

C 820/13

Judge

Steenkamp

Dismissal for operational requirements upheld after the court found a fair consultation process and reasonable alternatives to retrenchment were rejected.

• Dismissal For Operational Requirements
• Procedural Fairness
• Substantive Fairness
• Consultation Process
• Job Grading
• Remuneration Structures

Air Chefs (Pty) Ltd v South African Transport And Allied Workers Union and Others (J2883/13)

Air Chefs (Pty) Ltd v South African Transport And Allied Workers Union and Others (J2883/13) [2014] ZALCJHB 206; (2014) 35 ILJ 3088 (LC) (9 June 2014)

Court

Labour Court Johannesburg

Case number

J2883/13

Judge

R Lagrange

The Labour Court held that a wage-adjustment dispute tied to job grading was not a disguised general wage claim, but the strike was still unprotected under the collective agreement.

• Protected Strike
• Collective Agreement
• Job Grading
• Wage Adjustment
• Bargaining Council Jurisdiction
• Protected-strike

Northern Province Development Corp v CCMA and Others (J2076/00)

Northern Province Development Corp v CCMA and Others (J2076/00) [2001] ZALC 113 (31 July 2001)

Court

Labour Court

Case number

J2076/00

Judge

A A Landman

The Labour Court held that a job-grading dispute was not a residual unfair labour practice and set aside the commissioner’s award with costs.

• Unfair Labour Practice
• Job Grading
• Commissioner Powers
• Mutual Interest
• Labour-law
• Unfair-labour-practice