South Africa Case Law

All Man Labour Services CC v Service Sector Education & Training Authority (JA12/2007)

All Man Labour Services CC v Service Sector Education & Training Authority (JA12/2007) [2008] ZALAC 14; (2009) 30 ILJ 1052 (LAC) (7 November 2008)

Court

Labour Appeal Court

Case number

JA12/2007

Judges

Davis, Zondo, Leeuw

The Labour Appeal Court held that the respondent was entitled to develop and apply quality assurance criteria as part of its statutory functions under the Skills Development Act. These criteria were reasonably incidental to the proper administration of mandatory grants and were necessary to ensure that grants were paid only to employers who had actually conducted accredited training. The court found that the respondent's policy did not conflict with the Act or Regulations, and that the appellant was not entitled to payment of the full 45% grant without satisfying the additional requirements.…

Source excerpt

• Skills Development Act
• Mandatory Grants
• Quality Assurance Criteria
• Ultra Vires
• Statutory Powers

All Man Labour Services CC v Services Sector Education and Training Authority ('SETA') (J1509/04)

All Man Labour Services CC v Services Sector Education and Training Authority ('SETA') (J1509/04) [2007] ZALC 9; (2007) 28 ILJ 1053 (LC) (23 February 2007)

Court

Labour Court

Case number

J1509/04

Judge

E Revelas

The Labour Court held that a SETA may impose reasonable quality-assurance criteria for mandatory grants, and dismissed the employer’s claim for full payment.

• Skills Development Act
• Mandatory Grants
• Ultra Vires Policy
• Public Finance Management
• Quality Assurance
• Implied Powers