South Africa Case Law

Minister of Justice and Constitutional Development v DS Panza and Others (JR2449/13 & J2080/16)

Minister of Justice and Constitutional Development v DS Panza and Others (JR2449/13 & J2080/16) [2024] ZALCJHB 158 (25 March 2024)

Court

Labour Court Johannesburg

Case number

JR2449/13 & J2080/16

Judge

B Sono

The court found that the arbitrator incorrectly interpreted and applied the Resolution by including the respondents in the OSD, despite the Resolution's exhaustive list of occupational categories and the respondents not being parties to the collective agreement. The arbitrator's approach was unreasonable and amounted to a material error of law. The respondents lacked locus standi to refer the dispute, and the arbitrator and GPSSBC lacked jurisdiction. The award was therefore a nullity and susceptible to review. The late filing of the rescission application was condoned in the interests of jus…

Source excerpt

• Collective Agreement Interpretation
• Occupational Specific Dispensation
• Review Of Arbitration Award
• Condonation
• Rescission Of Order

Kenoshi v Commissioner Matshaka and Others (JR 531/2019)

Kenoshi v Commissioner Matshaka and Others (JR 531/2019) [2022] ZALCJHB 233 (17 August 2022)

Court

Labour Court Johannesburg

Case number

JR 531/2019

Judge

Van Niekerk

The Labour Court dismissed a review of an arbitration award, holding that the applicant’s rank and salary were corrected because she lacked the required one-year post-basic qualification.

• Unfair Labour Practice
• Demotion
• Occupational Specific Dispensation
• Administrative Act
• Reviewable Irregularity
• Unfair-labour-practice

Smith and Others v Department of Health (KwaZulu-Natal) and Others (D1609/2018)

Smith and Others v Department of Health (KwaZulu-Natal) and Others (D1609/2018) [2021] ZALCD 79 (15 December 2021)

Court

Labour Court Durban

Case number

D1609/2018

Judge

H Cele

The Labour Court granted condonation for a late review of an arbitration award about nurses’ OSD translation, finding the delay short, explained, and with some prospects of success.

• Condonation
• Review Of Arbitration Award
• Occupational Specific Dispensation
• Interpretation Of Collective Agreement
• Specialty Nursing Translation
• Labour-court-review

Department of Defence v Farre and Others (CA17/2020)

Department of Defence v Farre and Others (CA17/2020) [2021] ZALAC 33; [2022] 1 BLLR 52 (LAC) (11 October 2021)

Court

Labour Appeal Court

Case number

CA17/2020

Judges

Waglay JP, Davis JA, Kubushi AJA

The Labour Appeal Court dismissed an appeal over the reversal of a post translation and salary reduction, holding the conduct was an unfair labour practice.

• Unfair Labour Practice
• Demotion
• Occupational Specific Dispensation
• Translation Of Post
• Resolution 5 Of 2009
• Audi Alteram Partem

Office of the Premier: Limpopo Provincial Government v Phooko NO and Others (JR2267/15)

Office of the Premier: Limpopo Provincial Government v Phooko NO and Others (JR2267/15) [2021] ZALCJHB 106 (26 May 2021)

Court

Labour Court Johannesburg

Case number

JR2267/15

Judge

G N Moshoana

The Labour Court reviewed an arbitration award on an unfair labour practice claim, holding the true dispute was interpretation of a collective agreement.

• Unfair Labour Practice
• Collective Agreement Interpretation
• Benefits Dispute
• Condonation
• Occupational Specific Dispensation
• Unfair-labour-practice

Mbala v Minister of Public Works NO and Others (PR175/18)

Mbala v Minister of Public Works NO and Others (PR175/18) [2021] ZALCPE 7 (22 January 2021)

Court

Labour Court Port Elizabeth

Case number

PR175/18

Judge

S B Nhlapo

The commissioner erred by failing to consider Resolution 5 and the duties performed by the applicant before and after his translation, as well as the extrinsic evidence regarding the translation of the applicant's colleagues. The golden rule of interpretation requires consideration of all relevant evidence and context, which the commissioner ignored. The literal wording of Resolution 3 does not exclude the applicant's designation, and the treatment of the applicant compared to his colleagues was irrational. The arbitration award does not fall within the bounds of reasonableness and must be se…

Source excerpt

• Collective Agreements
• Interpretation Of Contracts
• Occupational Specific Dispensation
• Review Of Arbitration Award

Public Servants Association of South Africa obo Ramukhesha and Others v Department of Agriculture, Forestry and Fisheries and Others (CA 09/2019)

Public Servants Association of South Africa obo Ramukhesha and Others v Department of Agriculture, Forestry and Fisheries and Others (CA 09/2019) [2020] ZALAC 48; [2021] 5 BLLR 459 (LAC); (2021) 42 ILJ 811 (LAC) (27 November 2020)

Court

Labour Appeal Court

Case number

CA 09/2019

Judges

Davis JA, Coppin JA, Kathree-Setiloane AJA

The Labour Appeal Court held that the translation of posts under the Occupational Specific Dispensation must be determined by the formal job description attached to the post, as set out in the relevant resolutions. The approach advocated by the appellants, which would require consideration of individual performance and qualifications, would undermine the consistency and manageability of the translation process in the public administration. The affected employees were correctly translated to scientific technicians, not scientists, as their formal job descriptions correlated with the OSD for sc…

Source excerpt

• Collective Agreements
• Occupational Specific Dispensation
• Job Translation
• Arbitration Review
• Public Service Classification

Gaarekwebore v Minister of Health and Others (JR2208/16)

Gaarekwebore v Minister of Health and Others (JR2208/16) [2019] ZALCJHB 120 (29 May 2019)

Court

Labour Court Johannesburg

Case number

JR2208/16

Judge

S Snyman

The Labour Court dismissed a declaratory application about the nursing OSD, holding the dispute belonged in arbitration and that the applicant had acquiesced in his reinstatement.

• Collective Agreement Interpretation
• Occupational Specific Dispensation
• Unfair Labour Practice
• Jurisdiction Of Labour Court
• Doctrine Of Election
• Collective-agreement-interpretation

Opperman v Minister of Defence and Military Veterans (20752/14)

Opperman v Minister of Defence and Military Veterans (20752/14) [2015] ZASCA 153 (2 October 2015)

Court

Supreme Court of Appeal

Case number

20752/14

Judges

Maya, Cachalia, Zondi, Dambuza, Gorven

The Supreme Court of Appeal held that a SANDF officer was not contractually entitled to OSD benefits for the Inspector-General post, and dismissed the appeal.

• Unfair Labour Practice
• Occupational Specific Dispensation
• Contractual Entitlement
• Exhaustion Of Internal Remedies
• Occupational-specific-dispensation
• Unfair-labour-practice

Department of Correctional Services v Mathenjwa and Others (D165/2013)

Department of Correctional Services v Mathenjwa and Others (D165/2013) [2015] ZALCD 57 (13 August 2015)

Court

Labour Court Durban

Case number

D165/2013

Judge

Tlhotlhalemaje

The Labour Court reviewed and set aside an arbitration award on OSD migration and salary translation, holding the employee had already been correctly aligned to CB5.

• Interpretation Of Collective Agreements
• Occupational Specific Dispensation
• Salary Translation
• Review Of Arbitration Award
• Labour-law
• Collective-agreement-interpretation