South Africa Case Law

Zikhulise Cleaning, Maintenance and Transport Close Corporation (CC) v Sithole and 166 Others (D41/18)

Zikhulise Cleaning, Maintenance and Transport Close Corporation (CC) v Sithole and 166 Others (D41/18) [2022] ZALCD 22 (22 June 2022)

Court

Labour Court Durban

Case number

D41/18

Judge

B. Purdon

Labour Court review of a severance-pay arbitration award. The court held the arbitrator misapplied section 41 of the BCEA and dismissed the employees’ claim.

• Severance Pay
• Fixed Term Contracts
• Extended Public Works Programme
• Ministerial Determination
• Arbitration Review
• Severance-pay

City of Cape Town v National Energy Regulator of South Africa (51765/17)

City of Cape Town v National Energy Regulator of South Africa (51765/17) [2020] ZAGPPHC 800 (11 August 2020)

Court

North Gauteng High Court, Pretoria

Case number

51765/17

Judge

Windell

The court held that the disputes between the City, the Minister, and NERSA are intergovernmental disputes as defined by section 41 of the Constitution and the Framework Act. All parties are organs of state, and the dispute concerns statutory powers and functions. The City failed to comply with the mandatory dispute resolution procedures prescribed by the Framework Act before approaching the court. The court found no urgency or exceptional circumstances justifying condonation of non-compliance. The City's efforts to engage with the Minister and NERSA were insufficient and did not constitute re…

Source excerpt

• Electricity Regulation Act
• Intergovernmental Dispute
• Cooperative Government
• Ministerial Determination
• Licensing Of Power Generation
• Constitutional Validity

POPCRU and Another v Department of Correctional Services and Another (D642/15)

POPCRU and Another v Department of Correctional Services and Another (D642/15) [2016] ZALCD 25; (2017) 38 ILJ 964 (LC) (23 November 2016)

Court

Labour Court Durban

Case number

D642/15

Judge

Whitcher

The court held that the employer's failure to respond to the application for temporary incapacity leave within the prescribed 30 working days does not entitle the employee to such leave. Payments made during the period pending investigation are conditional and do not harden into an entitlement after the lapse of the investigation period. The applicant assumed the risk that his application might not be granted, as clearly indicated in the PILIR policy and application notes. Section 38 of the Public Service Act applies, as the applicant received remuneration not due to him for periods of unappr…

Source excerpt

• Temporary Incapacity Leave
• Public Service Act
• Ministerial Determination
• Salary Deductions
• Collective Agreement
• Retrospective Effect

Ramela v Premier: Free State Province (JR 3099/11)

Ramela v Premier: Free State Province (JR 3099/11) [2013] ZALCJHB 231 (25 September 2013)

Court

Labour Court Johannesburg

Case number

JR 3099/11

Judge

Molahlehi

The Labour Court dismissed an exception to a statement of case in a dispute about re-determination of a head of department’s fixed-term contract and related benefits.

• Public Service Act
• Fixed Term Contracts
• Termination Of Employment
• Severance Pay
• Ministerial Determination
• Exception Procedure

Mondi Packaging (Pty) Ltd v Director-General: Labour and Others (JA49/08)

Mondi Packaging (Pty) Ltd v Director-General: Labour and Others (JA49/08) [2010] ZALAC 14; [2010] 11 BLLR 1131 (LAC) ; (2010) 31 ILJ 2558 (LAC) (23 July 2010)

Court

Labour Appeal Court

Case number

JA49/08

Judges

Zondo JP, Davis JA, Jappie JA

The Labour Appeal Court held that “gross pay” in a BCEA ministerial determination excludes overtime pay when calculating the threshold for section 16 Sunday-pay protection.

• Basic Conditions Of Employment Act
• Ministerial Determination
• Overtime Pay
• Statutory Interpretation
• Remuneration Calculation
• Basic-conditions-of-employment-act

Mondi Packaging (Pty) Ltd v Department of Labour and Others (J1523/05)

Mondi Packaging (Pty) Ltd v Department of Labour and Others (J1523/05) [2007] ZALCJHB 79 (21 September 2007)

Court

Labour Court Johannesburg

Case number

J1523/05

Judge

Molahlehi AJ

The Labour Court held that overtime pay is excluded from earnings for the BCEA threshold, so the compliance order for Sunday overtime pay stood.

• Basic Conditions Of Employment Act
• Earnings Threshold
• Overtime Pay
• Statutory Interpretation
• Ministerial Determination
• Labour-law