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South Africa decisions
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Sekoto v University of South Africa (JS 424/19) [2022] ZALCJHB 34 (28 February 2022)
The Labour Court dismissed an application to make an alleged oral settlement agreement an order of court, finding no clear meeting of minds on reinstatement terms.
United Transport and Allied Trade Union v Jammy NO and Others (JR 2428/07) [2010] ZALC 30; (2010) 31 ILJ 2189 (LC) ; [2010] 7 BLLR 774 (LC) (26 February 2010)
The court held that the applicant failed to discharge the onus of proving a clear and unmistakeable common intention to refer to the 'third notch' in the collective agreement. The arbitrator's consideration of the cost implications was relevant to determining whether there was a meeting of minds. The evidence did not support the applicant's contention that all parties intended the 'third notch', and the absence of testimony from key witnesses undermined the applicant's case. The dispute was not one contemplated by Section 24 of the LRA, and the remedy of rectification falls outside the scope…
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