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South Africa decisions
Decisions matching the current search
Motha v Shell Downstream SA (Pty) Ltd (JS398/2022) [2024] ZALCJHB 257 (28 June 2024)
The Labour Court dismissed an application for leave to appeal, finding no reasonable prospect that another court would reach a different result.
South African Medical Association Trade Union obo Dr H Rikhotso v MEC: Department Of Health Limpopo Province and Others (J 1773/2022) [2023] ZALCJHB 65; [2023] 6 BLLR 575 (LC); (2023) 44 ILJ 1779 (LC) (14 March 2023)
The Labour Court held an employer could not unilaterally extend a resignation notice period, but refused to expunge a dismissal recorded during that period.
South African Municipal Workers Union obo Diphoko and Morwe v Tswaing Local Municipality and Others (Leave to Appeal) (J1268/20; J1230/20) [2021] ZALCJHB 473 (22 January 2021)
The Labour Court refused leave to appeal, holding that the applicant’s grounds attacked the reasons rather than the operative orders and showed no prospect of success.
Mesha v Department of Local Government and Housing and Another (JS162/13) [2017] ZALCJHB 309 (24 August 2017)
The Labour Court dismissed an employee’s claim for a salary upgrade, finding no binding oral agreement and no breach of contract.
SA Kalk and GIPS (Edms) Bpk v Krog and Another (C350/2017) [2017] ZALCCT 30 (29 June 2017)
The applicant failed to establish a prima facie right to the relief sought, as it did not prove the existence of an oral restraint of trade agreement. The evidence and correspondence did not support the applicant's contention that such a term was agreed upon. The respondent consistently denied the existence of any restraint, and the applicant's account was undermined by the absence of any reference to a restraint in the employment offer, subsequent correspondence, or the unsigned draft contract. The applicant also failed to demonstrate irreparable harm, as the nature of the industry and the e…
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NUMSA obo Ngoepe and Others v Capital Outsourcing Group (Pty) Ltd and Another (J2406/16) [2016] ZALCJHB 521 (5 December 2016)
The Labour Court dismissed a declaratory application claiming the employees had been employed by Capital Outsourcing Group. The court found no employment contract was proven.
Mathabathe v Nelson Mandela Bay Metropolitan Municipality and Another (J1197/16) [2016] ZALCJHB 414; [2016] 12 BLLR 1228 (LC); (2017) 38 ILJ 391 (LC) (23 September 2016)
The court held that the applicant was afforded a fair hearing in accordance with the code of good practice under the LRA, as she was given an opportunity to state her case with legal representation, and the procedure adopted was judicially sanctioned. The applicant did not object to the process at the relevant time, and her subsequent allegations of bias were raised only after an adverse finding. The court found no breach of the employment contract or procedural unfairness. The Labour Court has jurisdiction under s 77(3) BCEA to enforce contractual rights, but in this instance, the procedure…
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ERM Southern Africa (Pty) Ltd v Nkobi (J1393/14) [2015] ZALCJHB 331 (30 September 2015)
The Labour Court dismissed an unopposed default judgment application because the claimed bursary damages were not shown to arise from breach of the employment contract.
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