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Solidarity obo Heynemann v Prino Constructability and Projects (Pty) Ltd and Another (JS693/21) [2025] ZALCJHB 154 (14 April 2025)
The Labour Court dismissed a special plea based on compromise, finding unresolved disputes about a settlement agreement’s scope and alleged misrepresentation.
Solidarity obo Van Staaden v Emalahleni Local Municipality (JS291/2020) [2021] ZALCJHB 326 (8 October 2021)
The Labour Court granted condonation for the respondent’s 20-day late filing of its statement of defence and made no costs order.
Shevel v CCMA and Others (C854/16) [2017] ZALCCT 69 (15 December 2017)
The Labour Court dismissed a review of a CCMA award upholding the dismissal of Daniel Shevel for gross misconduct, finding the award reasonable.
Thannippara v Member of the Executive Council Department of Education Eastern Cape and Another (202/15) [2017] ZAECBHC 7 (14 September 2017)
The court found that the respondents had wilfully disobeyed paragraphs 2, 3, and 4 of the consent order dated 4 December 2012. The respondents' argument that compliance was impossible due to pension fund rules was rejected, as they had agreed to the order with full knowledge of the circumstances. The respondents failed to pay the employer's pension contribution, adjust the applicant's monthly pension, and reassess leave pay and gratuity as required. Their subsequent claims of overpayment and impossibility were found to be disingenuous and did not absolve them of their obligations under the co…
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Vermaak and Another v Sea Spirit Trading 162 CC t/a Paledi Super Spar and Others (JS964/2015) [2017] ZALCJHB 34; (2017) 38 ILJ 1411 (LC) (31 January 2017)
The Labour Court held that Spar’s taking control under a perfected notarial bond amounted to a section 197 transfer, making the applicants’ dismissals automatically unfair.
Magandela v Great Liquor Discounter Stores (JS989/13) [2016] ZALCJHB 436 (22 November 2016)
Default judgment granted for underpaid wages, overtime, holiday pay, leave pay, and related interest under Sectoral Determination 9.
Bank v Finkelstein t/a Finkelstein and Associates (JS219/15) [2016] ZALCJHB 428 (26 October 2016)
The court found that the applicant was dismissed solely on the basis of her age, with no agreed or normal retirement age established by policy, practice, or industry norm in the respondent's firm. The respondent's reliance on a retirement age of 60 was unfounded and not communicated to the applicant. The dismissal was therefore automatically unfair under section 187(1)(f) of the LRA. The court further held that the same facts substantiated a claim of unfair discrimination under section 6(1) of the EEA. The applicant was entitled to compensation for automatic unfair dismissal and discriminatio…
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De Wet v World Luxury Hotel Awards (Pty) Ltd (C 763/15) [2016] ZALCCT 31 (1 September 2016)
The Labour Court held that an unusual employment contract entitled an employee who resigned to severance pay, but only on basic salary, not total remuneration.
Mathekgana v Film and Publication Board (JA4/2014) [2015] ZALAC 42 (21 October 2015)
Appeal over a disputed 13th cheque failed because the appellant did not seek oral evidence on a factual dispute about payment.
Dodds v MEC Dept Health, Eastern Cape Province and Others (PS11/2013) [2015] ZALCPE 21 (24 March 2015)
The court found that the applicant's entitlement to payment for services rendered was established both under the written fixed-term employment contract and the collective transfer agreement. The absence of the cluster manager's signature was deemed a formality, as the Department intended to preserve existing terms and conditions for transferred staff. The collective agreement was valid despite not being signed by the majority union, as all parties abided by its terms. Annexure '1' to the agreement was rectified to reflect the applicant's actual hours worked (48 per month), not 96, as the doub…
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