South Africa Case Law

Lion Match Company Ltd v Paper Printing Wood & Allied Workers Union and Others (406/99)

Lion Match Company Ltd v Paper Printing Wood & Allied Workers Union and Others (406/99) [2001] ZASCA 73; 2001 (4) SA 149 (SCA); [2001] 11 BLLR 1202 (SCA) (30 May 2001)

Court

Supreme Court of Appeal

Case number

406/99

Judges

Smalberger, Olivier, Streicher, Farlam, Chetty

The Supreme Court of Appeal dismissed a review-style challenge to a conciliation board application, holding the appellant delayed unreasonably in raising invalidity.

• Conciliation Board Establishment
• Unfair Dismissal
• Review Delay
• Jurisdiction Of Industrial Court
• Labour-law
• Unfair-dismissal

Baudach v United Tobacco Company Ltd (126/98)

Baudach v United Tobacco Company Ltd (126/98) [2000] ZASCA 182; [2000] 3 All SA 153 (A); 2000 (4) SA 436 (SCA); (2000) 21 ILJ 2241 (SCA) (30 May 2000)

Court

Supreme Court of Appeal

Case number

126/98

Judges

Grosskopf, Olivier, Scott, Streicher, Melunsky

The court held that an employer’s misrepresentation about redundancy made the settlement unenforceable and upheld compensation for unfair dismissal.

• Unfair Dismissal
• Misrepresentation
• Settlement Agreement
• Jurisdiction Of Industrial Court
• Unfair-dismissal
• Settlement-agreements

South African Chemical Workers Union and Another v African Commerce Developing Company (Pty) Ltd t/a Buffalo Tapes (107/98)

South African Chemical Workers Union and Another v African Commerce Developing Company (Pty) Ltd t/a Buffalo Tapes (107/98) [2000] ZASCA 177; 2000 (3) SA 732 (SCA); (2000) 21 ILJ 1735 (SCA) (26 May 2000)

Court

Supreme Court of Appeal

Case number

107/98

Judges

Smalberger, Marais, Zulman, Melunsky, Mpati

Section 17(21A)(a) of the Labour Relations Act 28 of 1956 confers a right of appeal to any party to proceedings before the Industrial Court in respect of any dispute referred to it, not limited to determinations on the merits. The language of the section is sufficiently broad to include appeals against decisions on preliminary issues, such as condonation, provided the decision is final and disposes of a substantial issue. The legislative intent underlying the Act is to resolve disputes expeditiously and inexpensively, which would be undermined by requiring parties to wait until the merits are…

Source excerpt

• Condonation
• Appealability Of Preliminary Orders
• Jurisdiction Of Industrial Court
• Interpretation Of Labour Relations Act

Xaba v Portnet Limited (DA20/98)

Xaba v Portnet Limited (DA20/98) [1999] ZALAC 39 (19 October 1999)

Court

Labour Appeal Court

Case number

DA20/98

Judges

RMM Zondo, C R Nicholson, M T Mogoeng

Appeal dismissed. The Labour Appeal Court held that the industrial court lacked jurisdiction and granted condonation for procedural delays.

• Jurisdiction Of Industrial Court
• Condonation
• Late Filing Of Record
• Automatic Right Of Appeal
• Interpretation Of Court Rules
• Labour-law

Minister of Labour and others v Schoeman and others (JA15/98)

Minister of Labour and others v Schoeman and others (JA15/98) [1999] ZALAC 3 (23 February 1999)

Court

Labour Appeal Court

Case number

JA15/98

Judges

Ngcobo, Kroon, Conradie

The Labour Appeal Court held that an industrial court member was not an employee under the PSLRA, so the industrial court lacked jurisdiction.

• Definition Of Employee
• Jurisdiction Of Industrial Court
• Unfair Labour Practice
• Costs Award
• Review On Bias
• Employee-definition

Rosco Moudings (Pty) Ltd and others v NUMSA and others (JA13/98)

Rosco Moudings (Pty) Ltd and others v NUMSA and others (JA13/98) [1999] ZALAC 2 (18 February 1999)

Court

Labour Appeal Court

Case number

JA13/98

Judges

Ngcobo, Froneman

The Labour Appeal Court found the dismissals for a go-slow unfair, held the selection criterion arbitrary, and adjusted reinstatement remedies.

• Unfair Dismissal
• Collective Bargaining
• Go Slow
• Reinstatement
• Parity Principle
• Jurisdiction Of Industrial Court

Niselow v Liberty Life Association of Africa Ltd. (450/96)

Niselow v Liberty Life Association of Africa Ltd. (450/96) [1998] ZASCA 42; 1998 (4) SA 163 (SCA); (1998) 19 ILJ 752 (SCA) (27 May 1998)

Court

Supreme Court of Appeal

Case number

450/96

Judges

Mahomed, Van Heerden, Harms, Zulman, Streicher

The Supreme Court of Appeal held that the appellant was not an employee as defined in section 1(1) of the Labour Relations Act, 1956. The written agreement between the parties established a relationship in which the appellant was required to produce a certain result, namely the canvassing of insurance contracts, rather than to render personal services to the respondent. The appellant was remunerated by commission based on contracts effected through him, not for time spent or services rendered. He was not subject to the respondent's control or supervision regarding how, when, or where he worke…

Source excerpt

• Employee Definition
• Independent Contractor
• Unfair Labour Practice
• Jurisdiction Of Industrial Court

National Union of Mineworkers and Others v Hartebeesfontein Gold Mining Company Ltd. (57/86)

National Union of Mineworkers and Others v Hartebeesfontein Gold Mining Company Ltd. (57/86) [1986] ZASCA 41; 1986 (3) SA 53 (A); (1986) 7 ILJ 275 (A) (27 March 1986)

Court

Supreme Court of Appeal

Case number

57/86

Judges

Rabie, Jansen, Hoexter, Galgut, Nicholas

The Appellate Division held that the industrial court’s reserved questions were not presented as a proper special case and were too abstract for decision.

• Special Case Procedure
• Unfair Labour Practice
• Strike Dismissal
• Jurisdiction Of Industrial Court
• Special-case-procedure
• Industrial-court-jurisdiction

South African Technical Officials Association v President of the Industrial Court and Others (481/82)

South African Technical Officials Association v President of the Industrial Court and Others (481/82) [1984] ZASCA 135; (1985) 6 ILJ 186 (A) (22 November 1984)

Court

Supreme Court of Appeal

Case number

481/82

Judges

Miller, Cillié, Viljoen, Galgut, Eloff

The Appellate Division held that the industrial court was not equivalent to the Supreme Court and its determinations were not immune from review.

• Jurisdiction Of Industrial Court
• Review Of Administrative Action
• Judicial Independence
• Status Of Special Courts
• Jurisdiction-of-industrial-court
• Review-of-administrative-action