South Africa Case Law

Naidoo v ICollege (Pty) Ltd (J 721 / 22)

Naidoo v ICollege (Pty) Ltd (J 721 / 22) [2023] ZALCJHB 318; (2024) 45 ILJ 319 (LC) (26 October 2023)

Court

Labour Court Johannesburg

Case number

J 721 / 22

Judge

S Snyman

The court found that the settlement agreement between the applicant and respondent did not meet the statutory requirements for enforcement under section 158(1)(c) of the Labour Relations Act. Although the agreement was in writing and resolved the employment relationship, it did not settle a dispute that the applicant had the right to refer to arbitration or adjudication under the LRA. The termination was mutually agreed before any disciplinary hearing or dismissal, and thus did not constitute a dispute susceptible to referral. Furthermore, there was a material factual dispute regarding whethe…

Source excerpt

• Settlement Agreement Enforcement
• Section 158 1 C Lra
• Right To Refer Dispute
• Mutual Termination
• Operational Requirements
• Discretionary Court Powers

Swanepoel v KPMG Services (Pty) Ltd (J494/19)

Swanepoel v KPMG Services (Pty) Ltd (J494/19) [2021] ZALCJHB 457; (2022) 43 ILJ 656 (LC) (13 December 2021)

Court

Labour Court Johannesburg

Case number

J494/19

Judge

Nkutha-Nkontwana

The Labour Court dismissed an application to compel KPMG to recode a UI-19 form as retrenchment, finding the employment ended by mutual settlement.

• Unemployment Insurance Act
• Mutual Termination
• Settlement Agreement
• Jurisdiction Of Labour Court
• Ui-19-form
• Unemployment-insurance

Gordon v Pindulo VDM (Pty) Ltd (JS 1050/19)

Gordon v Pindulo VDM (Pty) Ltd (JS 1050/19) [2021] ZALCJHB 229 (4 August 2021)

Court

Labour Court Johannesburg

Case number

JS 1050/19

Judge

G N Moshoana

The Labour Court granted condonation for a late statement of case, finding the delay minimal, adequately explained, and in the interests of justice.

• Condonation
• Unfair Dismissal
• Jurisdiction
• Coercion
• Mutual Termination
• Section 191 Lra

Agriculture Research Council v NAP Designs (Pty) Ltd and Others (6387/2019)

Agriculture Research Council v NAP Designs (Pty) Ltd and Others (6387/2019) [2021] ZAGPPHC 250 (26 April 2021)

Court

North Gauteng High Court, Pretoria

Case number

6387/2019

Judge

Basson

The High Court dismissed a review of an arbitration award, holding that the arbitrator stayed within the JBCC contract and did not commit a gross irregularity.

• Arbitration Act Review
• Arbitrator Jurisdiction
• Gross Irregularity
• Finality Of Award
• Pleadings And Scope
• Mutual Termination

Mathopo, Moshimane and Mulangaphuma t/a DM5 Inc v Commission for Conciliation, Mediation and Arbitration and Others (JR616/15)

Mathopo, Moshimane and Mulangaphuma t/a DM5 Inc v Commission for Conciliation, Mediation and Arbitration and Others (JR616/15) [2019] ZALCJHB 21 (5 February 2019)

Court

Labour Court Johannesburg

Case number

JR616/15

Judge

Mahosi

The Labour Court dismissed a review of a CCMA jurisdiction ruling, holding the commissioner properly interpreted the termination letter and could send the unfair dismissal dispute to arbitration.

• Jurisdictional Error
• Unfair Dismissal
• Mutual Termination
• Review Of Ccma Ruling
• Interpretation Of Settlement Agreement
• Ccma-jurisdiction

VEA Road Maintenance and Civils (Pty) Ltd v Dekker NO and Others (JR1252/16)

VEA Road Maintenance and Civils (Pty) Ltd v Dekker NO and Others (JR1252/16) [2018] ZALCJHB 282 (4 September 2018)

Court

Labour Court Johannesburg

Case number

JR1252/16

Judge

E Tlhotlhalemaje

The Court found that the applicant's rescission application was not grounded in section 144(a) of the LRA, as there was no allegation that the default award was erroneously sought or granted. The facts indicated that the applicant's counsel attended but withdrew due to unavailability of witnesses, and no formal application for postponement was made. The Commissioner correctly applied section 144(d), requiring good cause for default, and found the applicant's explanation unsatisfactory. The applicant failed to establish prospects of success on the merits, offering only a bare assertion of mutu…

Source excerpt

• Rescission Of Arbitration Award
• Good Cause Requirement
• Unfair Dismissal
• Mutual Termination
• Default Award
• Review Of Ccma Ruling

Ferguson v Basil Read (Pty) Ltd (C 708/10)

Ferguson v Basil Read (Pty) Ltd (C 708/10) [2012] ZALCCT 38; [2013] 3 BLLR 274 (LC); (2013) 34 ILJ 1163 (LC) (29 August 2012)

Court

Labour Court Cape Town

Case number

C 708/10

Judge

Steenkamp

The Labour Court held that Ferguson voluntarily signed a full and final settlement and was not induced by misrepresentation, so no dismissal was established.

• Mutual Termination
• Misrepresentation
• Operational Requirements
• Severance Pay
• Full And Final Settlement
• Labour-law

Springbok Trading (Pty) Limited v Zondani and Others (PA2/03)

Springbok Trading (Pty) Limited v Zondani and Others (PA2/03) [2004] ZALAC 12; [2004] 9 BLLR 864 (LAC); (2004) 25 ILJ 1681 (LAC) (9 July 2004)

Court

Labour Appeal Court

Case number

PA2/03

Judges

Jafta AJA, Zondo JP, Davis AJA

The Labour Appeal Court held that Springbok Trading failed to prove a mutual agreement to terminate employees’ contracts and dismissed the appeal with costs.

• Unfair Dismissal
• Retrenchment
• Consultation Process
• Operational Requirements
• Mutual Termination
• Severance Pay

Nathaniel v Northern Cleaners Kya Sands (Pty) Ltd and Others (J5012/00)

Nathaniel v Northern Cleaners Kya Sands (Pty) Ltd and Others (J5012/00) [2003] ZALC 77; [2004] 2 BLLR 157 (LC); (2004) 25 ILJ 1286 (LC) (9 July 2003)

Court

Labour Court

Case number

J5012/00

Judge

GAMBLE

The court found that the applicant failed to establish any reviewable irregularity in the commissioner’s award. The record, though incomplete, was reconstructed as far as possible and supplemented by the commissioner’s thorough summary and evaluation of the evidence. The commissioner made credibility findings based on the available evidence, including a clandestine tape recording and affidavits. The court held that a defective record alone does not justify remittal for a fresh hearing unless it results in a reviewable irregularity. The commissioner’s award was rationally justifiable and suppo…

Source excerpt

• Review Of Arbitration Award
• Incomplete Record
• Dismissal
• Mutual Termination
• Costs Order

Costin v Van Transport (J476/99)

Costin v Van Transport (J476/99) [2000] ZALC 103 (18 September 2000)

Court

Labour Court

Case number

J476/99

Judge

Pillay

The court held that the applicant resigned and was not retrenched. The application was dismissed with costs after the evidence showed acceptance of her resignation.

• Resignation Vs Retrenchment
• Dismissal
• Mutual Termination
• Notice Pay
• Resignation-vs-retrenchment
• Labour-dismissal