South Africa Case Law

Sampson v Minister of Justice and Constitutional Development (PR85/21)

Sampson v Minister of Justice and Constitutional Development (PR85/21) [2024] ZALCPE 43 (12 November 2024)

Court

Labour Court Port Elizabeth

Case number

PR85/21

Judge

MZN Lallie

The court found that while condonation for the late filing of the answering affidavit should be granted, the application for review must fail because there was no reviewable decision as contemplated by section 158(1)(h) of the Labour Relations Act. The respondent had not yet complied with the Free State High Court order to consider the applicant's representations, and thus no final decision had been made on those representations. The letter dated 18 March 2021 did not constitute a reviewable administrative act, as it was overtaken by the subsequent court order. Without a jurisdictional fact i…

Source excerpt

• Condonation
• Jurisdictional Fact
• Review Of Administrative Action
• Public Service Act
• Promotion Of Administrative Justice Act

Reed v Minister of Finance and Others (30832/2015)

Reed v Minister of Finance and Others (30832/2015) [2017] ZAGPPHC 916; 81 SATC 383 (2 June 2017)

Court

North Gauteng High Court, Pretoria

Case number

30832/2015

Judge

P F Louw

Leave to appeal was refused in a review concerning SARS’s refusal of voluntary disclosure relief and the late introduction of an audi alteram partem ground.

• Voluntary Disclosure Program
• Tax Administration Act
• Audi Alteram Partem
• Irrationality Review
• Jurisdictional Fact
• Review Vs Appeal

Vermooten v Department of Public Enterprises and Others (JA91/2015)

Vermooten v Department of Public Enterprises and Others (JA91/2015) [2016] ZALAC 63; (2017) 38 ILJ 607 (LAC); [2017] 6 BLLR 606 (LAC) (14 December 2016)

Court

Labour Appeal Court

Case number

JA 91/2015

Judges

Landman, Waglay, Ndlovu

The Labour Appeal Court held that a valid consultancy agreement, freely chosen and not a sham, meant Dr Vermooten was not an employee of the Department.

• Definition Of Employee
• Independent Contractor
• Consultancy Agreement
• Jurisdictional Fact
• Remuneration Policy
• Definition-of-employee

Distinctive Choice 721 CC t/a Husan Panel Beaters v The Dispute Resolution Centre (Motor Industry Bargaining Council) ((2013) 34 ILJ 3184 (LC))

Distinctive Choice 721 CC t/a Husan Panel Beaters v The Dispute Resolution Centre (Motor Industry Bargaining Council) ((2013) 34 ILJ 3184 (LC)) [2013] ZALCJHB 355; [2013] ZALCJHB 83 (14 May 2013)

Court

Labour Court Johannesburg

Case number

JR 84/2012

Judge

Hulley

The Labour Court found that the applicant did not make the third respondent's employment intolerable within the meaning of section 186(1)(e) of the Labour Relations Act. The evidence showed that Mr Peyper had reasonable alternatives available, including attending a disciplinary enquiry and referring an unfair labour practice dispute regarding his demotion. The demotion was not final, as the applicant had scheduled a disciplinary hearing and provided options to Mr Peyper. The humiliation and embarrassment experienced by Mr Peyper did not meet the high threshold of intolerability required by la…

Source excerpt

• Constructive Dismissal
• Intolerability
• Demotion
• Unfair Labour Practice
• Jurisdictional Fact
• Disciplinary Enquiry

South African Municipal Workers Union obo Hlonipho v South African Local Government Bargaining Council and Others (JR 2159/09)

South African Municipal Workers Union obo Hlonipho v South African Local Government Bargaining Council and Others (JR 2159/09) [2013] ZALCJHB 48 (22 March 2013)

Court

Labour Court Johannesburg

Case number

JR 2159/09

Judge

Moshoana

The Labour Court held that the employee had resigned and failed to prove dismissal or constructive dismissal. The review was dismissed with costs.

• Jurisdictional Fact
• Dismissal Definition
• Constructive Dismissal
• Review Of Arbitration Award
• Dismissal-definition
• Constructive-dismissal

Qandana v National Bargaining Council for the Road Freight Industry and Others (P331/11)

Qandana v National Bargaining Council for the Road Freight Industry and Others (P331/11) [2012] ZALCPE 11 (19 November 2012)

Court

Labour Court Port Elizabeth

Case number

P331/11

Judge

Lallie

The Labour Court dismissed a late review and condonation application because the delay was substantial, unexplained, and the applicant failed to prosecute the matter diligently.

• Condonation
• Review Application
• Reasonable Time
• Jurisdictional Fact
• Labour-law
• Review-application

Basson v Oosthuizen NO and Others (JA34/08)

Basson v Oosthuizen NO and Others (JA34/08) [2010] ZALAC 37 (19 February 2010)

Court

Labour Appeal Court

Case number

JA34/08

Judges

Davis, Jappie, Tlaletsi

The Labour Appeal Court dismissed Basson’s appeal, holding that extreme delay in seeking condonation for review was unjustified and the jurisdiction challenge was not timeously raised.

• Condonation
• Review Of Arbitration Award
• Constructive Dismissal
• Default Award
• Jurisdictional Fact
• Urgent Application

Twala and Others v S (A188/2009)

Twala and Others v S (A188/2009) [2009] ZAGPJHC 122 (30 April 2009)

Court

South Gauteng High Court, Johannesburg

Case number

A188/2009

Judge

P.A. Meyer

High Court bail appeal where the State’s evidence was found too vague and hearsay-based to justify refusing bail to two appellants.

• Bail Application
• Exceptional Circumstances
• Hearsay Evidence
• Jurisdictional Fact
• Robbery With Aggravating Circumstances
• Bail-appeal

Elston v McEwan NO and Others (C662/07)

Elston v McEwan NO and Others (C662/07) [2009] ZALCCT 12 (9 January 2009)

Court

Labour Court Cape Town

Case number

C662/07

Judge

Ngalwana AJ

Labour Court review dismissed: the applicant was held not to be an employee during the disputed period and was not entitled to additional severance pay.

• Severance Pay
• Employee Status
• Arbitration Review
• Gross Irregularity
• Jurisdictional Fact
• Severance-pay

Evertrade v Kriel NO and Others (JR1054/07)

Evertrade v Kriel NO and Others (JR1054/07) [2008] ZALCJHB 29 (8 February 2008)

Court

Labour Court Johannesburg

Case number

JR1054/07

Judge

Nieuwoudt

The court found that the third respondent was dismissed by the applicant, as her immediate referral to the CCMA and her testimony indicated a clear understanding of dismissal. The applicant's subsequent letters failed to address the dismissal allegation and were not satisfactorily explained. The arbitrator's finding that a dismissal occurred was supported by the evidence, and the dismissal was procedurally unfair. The review application was dismissed as the jurisdictional fact of dismissal was objectively established.

Source excerpt

• Unfair Dismissal
• Jurisdictional Fact
• Review Of Arbitration Award
• Constructive Dismissal