South Africa Case Law

Motete and Others v Larskool Oos-Driefontein and Another (JS 428/20)

Motete and Others v Larskool Oos-Driefontein and Another (JS 428/20) [2023] ZALCJHB 38 (7 July 2023)

Court

Labour Court Johannesburg

Case number

JS 428/20

Judge

S Mabaso

The court found that the Respondents had a substantively fair reason for dismissing the Applicants, namely severe financial difficulties caused by the Covid-19 pandemic and the resultant inability to pay salaries from school fees. However, the Respondents failed to comply with the procedural requirements of section 189(3) of the Labour Relations Act, as they did not issue the required notice prior to consultation and had already made a final decision before meaningful engagement with the Applicants. The retrenchment process was therefore procedurally unfair. Regarding Ms Motlhoiwa’s claim for…

Source excerpt

• Unfair Dismissal
• Retrenchment Procedure
• Compensation For Unfair Dismissal
• Leave Entitlement
• Covid19 Operational Requirements

Minister Of Correctional Services v Public Service Co-Ordinating Bargaining Council (JR1050/2018)

Minister Of Correctional Services v Public Service Co-Ordinating Bargaining Council (JR1050/2018) [2023] ZALCJHB 60; [2023] 6 BLLR 533 (LC) (17 March 2023)

Court

Labour Court Johannesburg

Case number

JR1050/2018

Judge

Lancaster

The Labour Court granted condonation but dismissed a review of a PSCBC award, holding that centre-based support staff need not apply for leave on public holidays.

• Condonation
• Review Of Arbitration Award
• Leave Entitlement
• Collective Agreement Interpretation
• Jurisdiction Of Bargaining Council
• Labour-court-review

Conradie v Vaal University of Technology (C226/16)

Conradie v Vaal University of Technology (C226/16) [2017] ZALCCT 66 (6 December 2017)

Court

Labour Court Cape Town

Case number

C226/16

Judge

A Steenkamp

The Labour Court awarded damages for breach of an employment contract after the university failed to properly communicate with a lecturer before dismissing him.

• Breach Of Employment Contract
• Damages
• Basic Conditions Of Employment Act
• Notice Pay
• Leave Entitlement
• Breach-of-employment-contract

South African Catering Commercial And Allied Workers Union obo Mzazi v Commission for Conciliation Mediation And Arbitration and Others (C503/2013)

South African Catering Commercial And Allied Workers Union obo Mzazi v Commission for Conciliation Mediation And Arbitration and Others (C503/2013) [2014] ZALCCT 40 (31 July 2014)

Court

Labour Court Cape Town

Case number

C503/2013

Judge

Rabkin-Naicker

Labour Court review of a CCMA award on an alleged unauthorised absence. The court set aside the award and found the dismissal procedurally and substantively unfair.

• Unfair Dismissal
• Review Of Arbitration Award
• Procedural Fairness
• Substantive Fairness
• Onus Of Proof
• Leave Entitlement

South African Policing Union v National Commissioner: South African Police Services and Others (J1740/14)

South African Policing Union v National Commissioner: South African Police Services and Others (J1740/14) [2014] ZALCJHB 455 (24 July 2014)

Court

Labour Court Johannesburg

Case number

J1740/14

Judge

Steenkamp

The Labour Court granted an urgent interim interdict against the SAPS National Commissioner’s extension of a leave cycle, finding a prima facie right and risk of harm.

• Collective Agreement
• Interim Interdict
• Leave Entitlement
• Unilateral Change Of Terms
• Dispute Resolution
• Prima Facie Right

Van Der Westhuizen v University of the Witwatersrand and Others (46152/2013)

Van Der Westhuizen v University of the Witwatersrand and Others (46152/2013) [2014] ZAGPJHC 52 (19 February 2014)

Court

South Gauteng High Court, Johannesburg

Case number

46152/2013

Judge

Mashile

Urgent application by a medical registrar failed after the court found he still owed 28 days of training because of excess leave.

• Urgent Application Procedure
• Leave Entitlement
• Medical Training Regulation
• Admission Of Evidence
• Urgent-application-procedure
• Admission-of-evidence

Oosthuysen v Big News For Small Business (Pty) Ltd (C 338/11)

Oosthuysen v Big News For Small Business (Pty) Ltd (C 338/11) [2013] ZALCCT 31 (10 July 2013)

Court

Labour Court Cape Town

Case number

C 338/11

Judge

Rabkin-Naicker

The Labour Court dismissed an employee’s contractual claims for additional severance pay, leave pay, and facility-related damages after finding no proven breach or loss.

• Breach Of Employment Contract
• Severance Pay
• Leave Entitlement
• Damages Quantification
• Breach-of-employment-contract
• Severance-pay

Davidson v Emvest Asset Management (Pty) Ltd (JS 306/2012)

Davidson v Emvest Asset Management (Pty) Ltd (JS 306/2012) [2013] ZALCJHB 255; (2014) 35 ILJ 171 (LC) (28 May 2013)

Court

Labour Court Johannesburg

Case number

JS 306/2012

Judge

Prinsloo

The Labour Court ordered payment of unpaid remuneration and accrued leave, rejecting the employer’s tax-based withholding defence and awarding attorney-and-client costs.

• Basic Conditions Of Employment Act
• Remuneration Claim
• Leave Entitlement
• Statutory Deductions
• Punitive Costs
• Unpaid-remuneration

Keet v Jansen Incorporated (J783/10)

Keet v Jansen Incorporated (J783/10) [2011] ZALCJHB 197 (1 February 2011)

Court

Labour Court Johannesburg

Case number

J783/10

Judge

K S Tip

Labour Court held that Keet was owed leave pay, four weeks' notice pay, and repayment of an unlawful R500 deduction. The employer's counterclaims were dismissed.

• Basic Conditions Of Employment Act
• Unlawful Salary Deduction
• Notice Pay
• Leave Entitlement
• Counterclaim Negligence
• Jurisdiction Of Labour Court

Muller and Another v Yeshiva College (JS 27/04)

Muller and Another v Yeshiva College (JS 27/04) [2008] ZALC 135 (20 October 2008)

Court

Labour Court

Case number

JS 27/04

Judge

Molahlehi

The Labour Court found an operational-retrenchment dismissal unfair, awarded statutory payments, six months’ compensation, and costs to the applicant.

• Unfair Dismissal
• Retrenchment
• Severance Pay
• Notice Pay
• Leave Entitlement
• Compensation For Unfair Dismissal