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South Africa decisions
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Bezuidenhout and Another v Minister of Basic Education and Others (JS2283/2019) [2025] ZALCJHB 63 (17 February 2025)
The Labour Court refused leave to appeal. It held the plaintiffs had not shown reasonable prospects of success on their rectification claim.
Gala v Daniel Seopela N.O and Others (JR 597/17) [2022] ZALCJHB 26 (17 February 2022)
The Labour Court reviewed and set aside an arbitration award, holding that the applicant qualified for translation under the OSD Resolution.
PSA obo Meintjies and Others v National Prosecuting Authority and Others (82109/17) [2019] ZAGPPHC 539 (15 October 2019)
The court found that the applicant's cause of action was not the enforcement of collective agreements per se, but the specific performance of a remuneration structure determined by a government notice issued under section 18 of the National Prosecuting Authority Act. The government notice set the baseline for remuneration, and its implementation was approved by the National Director of Public Prosecutions. The High Court has concurrent jurisdiction to enforce such contractual obligations under section 77(3) of the BCEA. The preliminary points raised by the respondents—lack of jurisdiction, li…
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Public Servants Association of South Africa obo Nkukwana and Others v Minister of Justice and Constitutional Development and Others (J1434/2017) [2019] ZALCJHB 37 (5 March 2019)
The Labour Court held that a ministerial letter validly countermanded an earlier employment decision on post titles and remuneration. The application was dismissed.
Minister of Public Service and Administration and Another v Public Servants Association obo Makwela and Others (JA4/2017, JR899/2013) [2017] ZALAC 64; [2018] 1 BLLR 7 (LAC); (2018) 39 ILJ 376 (LAC) (1 November 2017)
The court held that the Minister of Public Service and Administration was not a necessary party to the arbitration proceedings concerning Makwela's translation under the Occupation Specific Dispensation (OSD). The Minister's role is confined to making determinations and issuing directives of general application, and she has no authority over provincial executive authorities or individual employment disputes. The dispute was between the MEC, as employer, and Makwela, as employee. The absence of the Minister did not constitute a non-joinder, as she had no direct and substantial legal interest i…
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Mathibeli v Minister of Labour (JA25/2013) [2014] ZALAC 72; [2015] 3 BLLR 267 (LAC); (2015) 36 ILJ 1215 (LAC) (25 November 2014)
The Labour Appeal Court held that the appellant was not entitled to the higher salary because the upgrading of his post was never implemented due to lack of ministerial approval and the overriding application of the Occupation Specific Dispensation. The arbitrator's award was unreasonable and irrational, as it was not supported by the evidence and failed to establish that the appellant was the incumbent of a grade 11 post or had any right to promotion or higher pay. The dispute referred was a dispute of right, not interest, but the claim was meritless both in fact and law. The Labour Court's…
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Department of Health, Western Cape v SAMA obo Anthony and Others (C817/2012) [2014] ZALCCT 62 (30 October 2014)
The Labour Court refused condonation for a late review application and dismissed the review with costs, finding the delay excessive and unexplained.
Minister Of Correctional Services v General Public Service Sectoral Bargaining Council and Others (JR2882/11) [2013] ZALCJHB 336 (27 May 2013)
The Labour Court reviewed and set aside an arbitration award on the salary of ring-fenced student correctional officials, holding the correct entry-level amount was R72,543.
PSA obo Botha and Another v MEC for Health: North West Provincial Government and Others (J847/11) [2012] ZALCJHB 129; (2013) 34 ILJ 1574 (LC) (31 October 2012)
The court found that a material dispute of fact exists regarding whether Botha and Kotze should have been translated to operational manager positions under the collective agreement and whether the employer had discretion in this regard. The applicant did not anticipate this dispute at the outset, and the application by way of motion proceedings was not irregular. However, the dispute cannot be resolved on the papers alone. In terms of Rule 7(7)(b), the matter must be referred for oral evidence to determine the factual issues, including the exercise of discretion by the MEC. Costs will be dete…
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