South Africa Case Law

Jacobson v VITALAB (JS1042/19)

Jacobson v VITALAB (JS1042/19) [2019] ZALCJHB 157; (2019) 40 ILJ 2363 (LC) (28 May 2019)

Court

Labour Court Johannesburg

Case number

JS1042/19

Judge

Van Niekerk

Section 187(1)(c) of the Labour Relations Act, as amended, is designed to protect the collective bargaining process and does not apply to individual dismissal disputes. The provision's wording and legislative intent, as clarified in the Explanatory Memorandum, restrict its application to situations where an employer seeks to compel acceptance of a demand by multiple employees. In this case, the applicant was the sole employee affected, and the dispute did not concern collective bargaining. Even if the demand to sell shares could be considered a matter of mutual interest, the statutory protect…

Source excerpt

• Automatically Unfair Dismissal
• Section 187 1 C
• Exception To Pleadings
• Collective Bargaining
• Mutual Interest
• Remittal To Ccma

Mabirimisa v General Public Service Sectoral Bargaining Council and Others (JR 481/08)

Mabirimisa v General Public Service Sectoral Bargaining Council and Others (JR 481/08) [2011] ZALCJHB 191 (20 December 2011)

Court

Labour Court Johannesburg

Case number

JR 481/08

Judge

S B Hardie

Review of a refused condonation application was dismissed after the court found the referral was late, poorly explained, and made to the wrong forum.

• Condonation
• Jurisdiction
• Pension Dispute
• Late Referral
• Mutual Interest
• Severance

Northern Province Development Corp v CCMA and Others (J2076/00)

Northern Province Development Corp v CCMA and Others (J2076/00) [2001] ZALC 113 (31 July 2001)

Court

Labour Court

Case number

J2076/00

Judge

A A Landman

The Labour Court held that a job-grading dispute was not a residual unfair labour practice and set aside the commissioner’s award with costs.

• Unfair Labour Practice
• Job Grading
• Commissioner Powers
• Mutual Interest
• Labour-law
• Unfair-labour-practice