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South Africa decisions
Decisions matching the current search
Ekurhuleni Metropolitan Municipality v Williams NO (JR155/21; JR1625/21) [2025] ZALCJHB 135 (13 March 2025)
The Labour Court dismissed an application for leave to appeal, finding no reasonable prospect of success or other compelling reason to hear the matter.
Barloworld Equipment v Solidarity and Others (JS34/21) [2024] ZALCJHB 40 (5 February 2024)
The Labour Court granted leave to amend a statement of response in consolidated labour matters, finding the proposed special plea was not mala fide or prejudicial.
Beyer and Others v Alleyroads Construction (Pty) Ltd (JS 1542 / 2019) [2023] ZALCJHB 338 (29 November 2023)
The Labour Court dismissed a jurisdictional point in limine, finding that two applicants did not sign consultancy agreements and a third signed under duress.
NUM obo Morobe and Others v Bidvest Protea Coin (Pty) Ltd (JS 317/14) [2021] ZALCJHB 168 (20 July 2021)
The Labour Court dismissed the employer’s jurisdictional objection, postponed the trial because of late service of the document bundle, and ordered costs against the respondent.
Steve Tshwete Local Municipality v South African Local Government Bargaining Council and Others (JR1905/08) [2010] ZALC 172 (5 November 2010)
Leave to appeal was refused because the applicant failed to provide or reconstruct the arbitration record, leaving a material dispute unresolved.
Hydraulic Engineering Repair Services v Ntshona and Others (JR1022/05) [2007] ZALCJHB 22 (17 August 2007)
The court found that the relationship between Mr Ntshona and the applicant, as evidenced by the shareholders agreement, remuneration structure, and practical arrangements, constituted an employment relationship under the Labour Relations Act. Despite the partnership and shareholding context, Mr Ntshona was paid a fixed monthly salary, received employment benefits, and was subject to statutory deductions, all of which pointed to employee status. The court applied the dominant impression test, considering both contractual terms and the realities of the relationship, and concluded that ownership…
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Hydraulic Engineering Repair Services v Ntshona and Others (JR 1022/05) [2007] ZALC 136; (2008) 29 ILJ 163 (LC) (17 August 2007)
The court found that the relationship between Mr Ntshona and the applicant, as evidenced by the shareholders agreement, remuneration structure, and the conduct of the parties, was that of employment. Despite being a shareholder and director, Mr Ntshona received a fixed monthly salary, medical aid, and statutory deductions, and was subject to control and supervision by Mr Page. The dominant impression test, supported by case law, indicated that the true nature of the relationship was one of employment. The court held that ownership or directorship does not preclude employee status under the LR…
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