Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.
Results update automatically as you type.
South Africa decisions
Decisions matching the current search
Enock and Others v Emfuleni Local Municipality (JS 488/24) [2025] ZALCJHB 266 (7 May 2025)
The Labour Court dismissed a default judgment application for Sunday overtime pay because the applicants failed to file the affidavits required by Rule 21(2).
Crossroads Distribution (Pty) Ltd v South African Transport and Allied Workers Union and Others (P41/2023) [2023] ZALCPE 17 (10 August 2023)
The court found that the dispute raised by the respondents relates to substantive issues regulated by the Main Collective Agreement and the NBCRFLI. Clause 57 of the Main Agreement prohibits strikes on such issues and requires disputes to be resolved through the bargaining council's procedures. The employment contract and Main Agreement both stipulate 45 working hours per week, with overtime payable only for work exceeding those hours. There is no contractual right to overtime pay for work on Saturdays unless the weekly hours exceed 45. The applicant established a clear right to relief, demon…
Source excerpt
Venter v Symington and De Kok (JS418/15) [2017] ZALCJHB 301; (2017) 38 ILJ 2828 (LC) (23 August 2017)
The court found that the respondent failed to keep proper records of hours worked as required by the BCEA, shifting the burden to the employer to prove compliance. The applicant established on a balance of probabilities that she worked overtime, mainly through circumstantial evidence such as security access records and oral testimony. However, the quantum claimed was not supported by the evidence, and the court undertook its own calculation based on the available records, adjusting for deficiencies. The court held that oral instructions to complete work before leaving constituted implicit req…
Source excerpt
Magandela v Great Liquor Discounter Stores (JS989/13) [2016] ZALCJHB 436 (22 November 2016)
Default judgment granted for underpaid wages, overtime, holiday pay, leave pay, and related interest under Sectoral Determination 9.
SACWU obo Kagisho and Others v NBCRFLI and Others (JR136/15) [2016] ZALCJHB 465 (22 February 2016)
Review of an arbitration award dismissing employees for refusing overtime was dismissed. The court held the instruction was lawful and the hearing fair.
Smart v Bytes Managed Solutions, A Division of Bytes Technology Group of South Africa (Pty) Ltd (JS986/10) [2014] ZALCJHB 59 (10 March 2014)
The Labour Court refused to decide when interest on standby and overtime payments should run, holding that it was functus officio on issues outside the reserved quantum dispute.
Mondi Packaging (Pty) Ltd v Director-General: Labour and Others (JA49/08) [2010] ZALAC 14; [2010] 11 BLLR 1131 (LAC) ; (2010) 31 ILJ 2558 (LAC) (23 July 2010)
The Labour Appeal Court held that “gross pay” in a BCEA ministerial determination excludes overtime pay when calculating the threshold for section 16 Sunday-pay protection.
New Way Motor & Diesel Engineering (Pty) Ltd v Marsland (JA 15/2007) [2009] ZALAC 27; (2009) 30 ILJ 2875 (LAC); [2009] 12 BLLR 1181 (LAC) (13 August 2009)
The court found that the respondent was constructively dismissed as the appellant's conduct made continued employment intolerable. The evidence of discrimination based on mental health was uncontested, and the treatment received by the respondent impaired his dignity, constituting an automatically unfair dismissal under section 187(1)(f) of the Labour Relations Act. The appellant failed to provide evidence to counter the respondent's version. Regarding overtime pay, the court held that only overtime authorized by the employer and within contractual limits was payable. The respondent's evidenc…
Source excerpt
Mondi Packaging (Pty) Ltd v Department of Labour and Others (J1523/05) [2007] ZALCJHB 79 (21 September 2007)
The Labour Court held that overtime pay is excluded from earnings for the BCEA threshold, so the compliance order for Sunday overtime pay stood.
Mondi Packaging (Pty) Ltd v Department of Labour and Others (J 1523/05) [2007] ZALC 72; [2008] 3 BLLR 280 (LC); 2008 (4) SA 53 (LC); (2008) 29 ILJ 371 (LC) (21 September 2007)
The Labour Court held that overtime is excluded when calculating earnings for the BCEA threshold, and dismissed the employer’s appeal with costs.
Explore more
