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South Africa Case Law

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Labour Law [2017] ZALAC 51

Rukwaya and Others v Kitchen Bar Restaurant (JA80/16)

Rukwaya and Others v Kitchen Bar Restaurant (JA80/16) [2017] ZALAC 51; (2018) 39 ILJ 180 (LAC); [2018] 2 BLLR 161 (LAC) (5 September 2017)

Court
Labour Appeal Court
Case number
JA80/16
Judges
Tlaletsi, Davis, Kathree-Setiloane

The Labour Appeal Court held that the appellants' claim was founded on the respondent's non-compliance with the collective agreement, not on a breach of individual employment contracts. The substance of the dispute was the failure to pay industry minimum wages and bonuses as stipulated in the collective agreement. Accordingly, the appellants were required to follow the dispute resolution process set out in clause 28(a) of the collective agreement, which provides for investigation, conciliation, and arbitration. The Labour Court does not have jurisdiction to adjudicate such claims directly, as…

Source excerpt

  • Collective Agreement Enforcement
  • Jurisdiction Of Labour Court
  • Dispute Resolution Mechanisms
  • Minimum Wage Claims
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Labour Law [2016] ZALCJHB 386

Zinzobe and Others v Fahrenheit Seafood and Grill (J561/14)

Zinzobe and Others v Fahrenheit Seafood and Grill (J561/14) [2016] ZALCJHB 386 (6 October 2016)

Court
Labour Court Johannesburg
Case number
J561/14
Judge
T Ntshebe

The court found that both applications were premised on alleged breaches of a collective agreement extended to non-parties. The agreement contains a clear and mandatory dispute resolution procedure, requiring complaints to be investigated by the Bargaining Council and, if unresolved, to proceed to con-arb. The Labour Court does not have jurisdiction to adjudicate these claims directly, as the applicants must first exhaust the remedies provided by the Bargaining Council. The precedent in Pardon Rukwaya & 31 Others v The Kitchen Bar Restaurant was followed, confirming that the court cannot assu…

Source excerpt

  • Collective Agreement Enforcement
  • Jurisdiction Of Labour Court
  • Dispute Resolution Mechanism
  • Minimum Wage Claims
  • Unlawful Deductions
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.