Quantum Foods (Pty) Ltd v Commissioner H Jacobs N.O. and Others (JA85/2022) [2023] ZALAC 27; [2024] 1 BLLR 32 (LAC); (2024) 45 ILJ 71 (LAC) (18 October 2023)
Court
Labour Appeal Court
Case number
JA85/2022
Judges
Waglay JP, Malindi AJA, Smith AJA
The Labour Appeal Court held that a contractual bonus and provident fund contributions had to be included in minimum wage calculations under section 5 of the Act.
Atlas Finance (Pty) Ltd v Commissioner for Conciliation, Mediation and Arbitration and Others (JR57/21) [2022] ZALCJHB 60; [2022] 7 BLLR 647 (LC); (2022) 43 ILJ 1655 (LC) (15 March 2022)
Court
Labour Court Johannesburg
Case number
JR57/21
Judge
T Deane
The Labour Court found that the commissioner committed a material error of law and a gross irregularity by excluding commission earned during ordinary working hours from the calculation of wages for compliance with the National Minimum Wage Act. Section 5(1) of the Act does not list commission as an exclusion, and commission is not a discretionary payment but forms part of the employee's wage. The evidence showed that when commission was included, employees were paid above the prescribed minimum wage. The commissioner failed to consider this evidence and misinterpreted the relevant statutory…
Mafoko Security Patrols (Pty) Ltd v NUPSAW obo Shokane and Others (J391/21) [2021] ZALCJHB 269 (2 September 2021)
Court
Labour Court Johannesburg
Case number
J391/21
Judge
Tlhotlhalemaje
The Labour Court found that although the arbitration awards remained uncontested, there were pending proceedings before the Department of Employment and Labour and the High Court regarding the applicant's exemption application under the National Minimum Wage Act. The Court held that the interests of justice supported a stay of enforcement and execution of the awards pending finalisation of the mandamus application before the High Court. The stay was granted subject to the applicant providing monthly progress reports to the Registrar and the first respondent, failing which the order would laps…
