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South Africa Case Law

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Labour Law [2017] ZALCJHB 43

United National Transport Union v Operating Company (Pty) Ltd (J674/14)

United National Transport Union v Operating Company (Pty) Ltd (J674/14) [2017] ZALCJHB 43 (14 February 2017)

The Labour Court allowed UNTU to amend its statement of claim in an overtime dispute, finding the proposed amendment was not excipiable and did not plead a tacit agreement.

  • Statement Of Claim Amendment
  • Overtime Payment
  • Contractual Interpretation
  • Tacit Agreement Pleading
  • Labour-law
  • Statement-of-claim-amendment
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Labour Law [2016] ZALCJHB 208

Autopax Passenger Services (Pty) Ltd v South African Road Passenger Bargaining Council and Others (JR 134/13)

Autopax Passenger Services (Pty) Ltd v South African Road Passenger Bargaining Council and Others (JR 134/13) [2016] ZALCJHB 208 (14 June 2016)

Labour Court review set aside a bargaining-council arbitration award for lack of jurisdiction over the direct application of BCEA section 9.

  • Arbitrator Jurisdiction
  • Collective Agreement Interpretation
  • Basic Conditions Of Employment Act
  • Working Hours
  • Overtime Payment
  • Arbitrator-jurisdiction
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Labour Law [2012] ZALCJHB 96

Chauke v Machine Tool Market (Pty) Ltd (JS 128/12)

Chauke v Machine Tool Market (Pty) Ltd (JS 128/12) [2012] ZALCJHB 96; (2013) 34 ILJ 1150 (LC) (13 September 2012)

The court held that the applicant's statement of case, although drafted by a layperson with limited English proficiency, meets the required standard for pleadings by lay litigants. It sets out the essential nature of the claim and the basis for it, namely, a claim for payment of overtime allegedly not paid or underpaid from 2009 to 2012. The respondent is sufficiently apprised of the claim to investigate and reply, and is not prejudiced by the lack of further particularity. The court emphasized the need to balance access to justice for lay litigants with fairness to respondents, rejecting the…

  • Pleading Standards
  • Access To Justice
  • Exception Procedure
  • Overtime Payment
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Labour Law [2005] ZALC 42

Enforce Guarding (Pty) Ltd v Minister of Labour and Others (D243/04)

Enforce Guarding (Pty) Ltd v Minister of Labour and Others (D243/04) [2005] ZALC 42; (2005) 26 ILJ 1078 (LC); [2005] 4 BLLR 328 (LC) (27 January 2005)

The Labour Court reviewed a refusal to vary a sectoral determination on overtime in the security industry and sent the application back for reconsideration.

  • Sectoral Determination
  • Delegation Of Authority
  • Variation Of Employment Conditions
  • Overtime Payment
  • Review Of Administrative Action
  • Sectoral-determination
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Labour Law [2005] ZALC 40

Enforce Guarding (Pty) Ltd v Minister of Labour and Others (D236/04 , D292/04)

Enforce Guarding (Pty) Ltd v Minister of Labour and Others (D236/04 , D292/04) [2005] ZALC 40; (2005) 26 ILJ 1072 (LC); [2005] 4 BLLR 321 (LC) (21 January 2005)

Labour Court refused condonation for a late BCEA appeal and dismissed a review for failure to exhaust internal remedies.

  • Basic Conditions Of Employment Act
  • Promotion Of Administrative Justice Act
  • Condonation
  • Internal Remedies Exhaustion
  • Sectoral Determination
  • Overtime Payment
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.