South Africa Case Law

Pioneeer Foods (Pty) Ltd v Workers Against Regression (WAR) and Others (C687/15)

Pioneeer Foods (Pty) Ltd v Workers Against Regression (WAR) and Others (C687/15) [2016] ZALCCT 14; [2016] 9 BLLR 942 (LC); (2016) 37 ILJ 2872 (LC) (19 April 2016)

Court

Labour Court Cape Town

Case number

C687/15

Judge

A Steenkamp

The Labour Court upheld Pioneer Foods’ appeal, holding that new-entrant pay differentials based on length of service were not unfair discrimination.

• Employment Equity Act
• Equal Pay For Work Of Equal Value
• Arbitrary Ground Discrimination
• Collective Agreement
• Length Of Service
• Burden Of Proof

Jenkin v Khumbula Media Connexion (Pty) Ltd (D 914/08)

Jenkin v Khumbula Media Connexion (Pty) Ltd (D 914/08) [2010] ZALC 78; [2010] 12 BLLR 1295 (LC) (2 June 2010)

Court

Labour Court

Case number

D 914/08

Judge

Gush

The court found that the respondent failed to comply with the procedural requirements of section 189 of the Labour Relations Act, as only one meeting was held and no proper consultation took place. The applicant's evidence established that his employment continued uninterrupted through several changes in ownership, and the respondent did not rebut this with credible evidence or documentation. The facts demonstrated a transfer of the business as a going concern under section 197A, entitling the applicant to severance pay based on his full length of service since 1981. The respondent's dismissa…

Source excerpt

• Section 197a Transfer
• Procedural Fairness
• Retrenchment
• Severance Pay
• Basic Conditions Of Employment
• Length Of Service

Keil v Foodgrow,a division of Lesiurenet Limited (J428/97)

Keil v Foodgrow,a division of Lesiurenet Limited (J428/97) [1998] ZALC 42 (26 June 1998)

Court

Labour Court

Case number

J428/97

Judge

Mlambo

The Labour Court held that Carol Keil’s retrenchment was procedurally unfair because Foodgro failed to consult meaningfully and used flawed selection criteria.

• Retrenchment
• Section 189 Consultation
• Length Of Service
• Severance Pay
• Procedural Fairness
• Section-189-consultation