La Foy v Department of Justice and Constitutional Development and Others (J1952/2017) [2023] ZALCJHB 253; (2023) 44 ILJ 2731 (LC); [2023] 12 BLLR 1275 (LC) (8 September 2023)
Court
Labour Court Johannesburg
Case number
J1952/2017
Judge
GN Moshoana
The court found that the applicant failed to discharge the statutory onus to prove that she was subjected to harassment amounting to unfair discrimination on arbitrary grounds. The evidence showed that the lack of resources and capacity was a departmental issue affecting multiple branches, not targeted at the applicant. Managerial actions such as discipline, allocation of leave, and operational decisions were justified and did not amount to harassment. The applicant did not demonstrate irrational, discriminatory, or unfair conduct, nor did she show impairment of dignity or ongoing hostile wor…
Weller v ABSA Bank Limited (JS850/20) [2021] ZALCJHB 207 (2 August 2021)
Court
Labour Court Johannesburg
Case number
JS850/20
Judge
Mofokeng
The court held that section 191(5) of the LRA provides two jurisdictional triggers for referral to the Labour Court: the issue of a certificate of non-resolution or the expiry of 30 days from the date the CCMA received the referral. The applicant was not entitled to wait for the certificate if the 30-day period had already expired. The 90-day period for referral starts running from whichever event occurs first. Since the applicant filed his statement of claim outside the prescribed period, condonation was required. The court found the applicant's explanation for the delay reasonable, consider…
National Union of Metal Workers of SA and Another v BMW (South Africa) (Pty) Ltd (JS740/18) [2019] ZALCJHB 146; (2019) 40 ILJ 1818 (LC) (19 February 2019)
Court
Labour Court Johannesburg
Case number
JS740/18
Judge
Van Niekerk
The Labour Court held that section 191(11) of the LRA clearly distinguishes between referrals for arbitration and adjudication. For adjudication, the statute requires referral within 90 days of the CCMA issuing a certificate of outcome. The court found that the applicants referred the dispute within 90 days of the certificate, making the referral timeous. The respondent's reliance on SAMWU v Ngwathe Local Municipality was misplaced, as that case dealt with arbitration referrals and did not overturn the principle established in Hernic Exploration. The Constitutional Court in F & J Electrical c…
Boshoff v Commission for Conciliation, Meditation and Arbitration and Others (JR968/15) [2017] ZALCJHB 174 (21 February 2017)
Court
Labour Court Johannesburg
Case number
JR968/15
Judge
Van Niekerk
The Labour Court dismissed an application for leave to appeal after finding no merit in a challenge to its earlier dismissal of a late review application.
