South Africa Case Law

Tshabalala v Moqhaka Local Municipality and Another (2024-147645)

Tshabalala v Moqhaka Local Municipality and Another (2024-147645) [2024] ZALCJHB 511 (23 December 2024)

Court

Labour Court Johannesburg

Case number

2024-147645

Judge

Prinsloo

The court found that the applicant's precautionary suspension lapsed automatically on 31 May 2024 in terms of Regulation 6(6)(a), as the disciplinary hearing did not commence within three months of her suspension. The continued suspension was unlawful and deprived the applicant of substantive relief, particularly her right to qualify for a performance bonus, which is time-sensitive and cannot be quantified as damages. The court held that exceptional circumstances existed, as the applicant would be left with no relief due to procedural delays, and she would suffer irreparable harm if the order…

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• Precautionary Suspension
• Disciplinary Procedure
• Superior Courts Act Section 18
• Performance Bonus
• Irreparable Harm
• Exceptional Circumstances

Department of Water and Sanitation v General Public Service Sectoral Bargaining Council and Others (PR 240/22)

Department of Water and Sanitation v General Public Service Sectoral Bargaining Council and Others (PR 240/22) [2024] ZALCPE 4; (2024) 45 ILJ 1250 (LC) (1 March 2024)

Court

Labour Court Port Elizabeth

Case number

PR 240/22

Judge

S Snyman

The Labour Court set aside an arbitration award on pay progression and bonus, finding the employee had been promoted, needed a new performance agreement, and was not eligible for 2018/2019 rewards.

• Unfair Labour Practice
• Promotion
• Performance Management
• Pay Progression
• Performance Bonus
• Arbitration Review

Petroleum Oil and Gas Corporation of South Africa (SOC) Ltd v CEPPWAWU obo Members and Others (C495/2019)

Petroleum Oil and Gas Corporation of South Africa (SOC) Ltd v CEPPWAWU obo Members and Others (C495/2019) [2022] ZALCCT 55 (25 October 2022)

Court

Labour Court Cape Town

Case number

C495/2019

Judge

Lagrange

The Labour Court found that the arbitrator's conclusion that PetroSA was contractually obliged to pay the STIP bonus for the 2017/2018 financial year was unreasonable and not supported by the evidence. The STIP policy was valid only for five years and expired on 31 March 2017, with no automatic continuation or replacement. Clause 16 of the employment contracts did not create an ongoing entitlement to the STIP bonus after the scheme's expiry. However, the employer's unilateral decision to pay a flat gratuity instead of consulting with unions over the change in bonus structure was procedurally…

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• Unfair Labour Practice
• Collective Agreement Interpretation
• Performance Bonus
• Procedural Fairness
• Employment Contracts
• Consultation Requirement

Buz v Minister of Defence and Military Veterans and Others (C493/2019)

Buz v Minister of Defence and Military Veterans and Others (C493/2019) [2021] ZALCCT 69 (21 September 2021)

Court

Labour Court Cape Town

Case number

C493/2019

Judge

Harvey

The court held that only those preliminary points properly pleaded and recorded in the pretrial minute were before it. The Labour Court has jurisdiction to determine all four claims, as the BCEA applies to SANDF members and the applicant's claims are sourced in contract, the Constitution, and regulations. The exclusion of SANDF members from the LRA does not preclude jurisdiction over contractual and constitutional claims. Prescription applies to debts due more than three years before the statement of claim was filed; thus, claims for unlawful deductions and constructive dismissal have not pre…

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• Prescription Act
• Jurisdiction Of Labour Court
• Unlawful Deductions
• Performance Bonus
• Commuted Overtime
• Constructive Dismissal

National Education Health and Allied Workers Union obo Nemahugani and Others v Limpopo Legislature (JS657/18)

National Education Health and Allied Workers Union obo Nemahugani and Others v Limpopo Legislature (JS657/18) [2019] ZALCJHB 329 (20 November 2019)

Court

Labour Court Johannesburg

Case number

JS657/18

Judge

Tlhotlhalemaje

The Labour Court dismissed NEHAWU’s condonation application for a late statement of claim, finding the supporting affidavit defective and the delay excessive and unexplained.

• Condonation
• Unfair Discrimination
• Employment Equity Act
• Performance Bonus
• Pregnancy Discrimination
• Pregnancy-discrimination

Department of Agriculture & Rural Development: Limpopo Provincial Government v Phooko NO and Others (JR2007/17)

Department of Agriculture & Rural Development: Limpopo Provincial Government v Phooko NO and Others (JR2007/17) [2019] ZALCJHB 190 (2 August 2019)

Court

Labour Court Johannesburg

Case number

JR2007/17

Judge

GN Moshoana

The court held that the arbitration award was issued without oral evidence or a stated case, rendering the process defective and the award a nullity. The absence of evidence or a properly formulated stated case deprived the arbitrator of the ability to determine the fairness of the employer's conduct. The Labour Court and Labour Appeal Court have consistently held that such procedural defects justify review and setting aside of the award. The dispute must be remitted for proper arbitration before a different arbitrator.

Source excerpt

• Unfair Labour Practice
• Arbitration Procedure
• Performance Bonus
• Review Of Arbitration Award

McCormack v COMMCO Holdings (Pty) Ltd (JS474/17)

McCormack v COMMCO Holdings (Pty) Ltd (JS474/17) [2019] ZALCJHB 145 (29 March 2019)

Court

Labour Court Johannesburg

Case number

JS474/17

Judge

Van Niekerk

The Labour Court dismissed a CEO’s claim for a performance bonus, finding he failed to prove the 2016 EBITDA threshold for payment was met.

• Employment Contract
• Onus Of Proof
• Performance Bonus
• Remedies For Breach
• Costs Order
• Employment-contract

Trans Caledon Tunnel Authority SOC Limited v Bleeker and Others (JR1249/16)

Trans Caledon Tunnel Authority SOC Limited v Bleeker and Others (JR1249/16) [2018] ZALCJHB 261 (15 August 2018)

Court

Labour Court Johannesburg

Case number

JR1249/16

Judge

P Nkutha-Nkontwana

The Labour Court dismissed a review of an award finding non-renewal of a fixed-term contract was a dismissal and that withholding a bonus was an unfair labour practice.

• Fixed Term Contracts
• Reasonable Expectation Of Renewal
• Unfair Dismissal
• Performance Bonus
• Arbitration Review
• Fixed-term-contracts

Moabelo v Gold Fields Group Services (Pty) Ltd (JS492/15)

Moabelo v Gold Fields Group Services (Pty) Ltd (JS492/15) [2018] ZALCJHB 140 (29 March 2018)

Court

Labour Court Johannesburg

Case number

JS492/15

Judge

YF Saloojee

The Labour Court partly granted an application for discovery, limiting disclosure to documents relevant to the applicant’s pleaded contractual and misrepresentation claims.

• Discovery Of Documents
• Performance Bonus
• Negligent Misrepresentation
• Pleadings Relevance
• Discovery-of-documents
• Labour-court-procedure

Solidarity obo Oelofse v Armscor (SOC) Ltd and Others (JR2004/15)

Solidarity obo Oelofse v Armscor (SOC) Ltd and Others (JR2004/15) [2018] ZALCJHB 87 (21 February 2018)

Court

Labour Court Johannesburg

Case number

JR2004/15

Judge

S Snyman

The Labour Court found that the employer's refusal to pay the performance bonus to the applicant did not constitute an unfair labour practice. The bonus was a discretionary benefit, and the employer's decision was based on serious misconduct and breach of organizational values, which was a relevant and fair consideration under the applicable policies. The discretion was exercised fairly, without arbitrariness or caprice, and the applicant failed to establish inconsistency or double jeopardy. The arbitrator's award was reasonable and sustainable, and the review application was dismissed.

Source excerpt

• Unfair Labour Practice
• Performance Bonus
• Employer Discretion
• Double Jeopardy
• Inconsistency
• Review Test