South Africa Case Law

Independent Communications Authority Of South Africa (ICASA) v Commission For Conciliation, Mediation And Arbitration And Others (JR1425/2022)

Independent Communications Authority Of South Africa (ICASA) v Commission For Conciliation, Mediation And Arbitration And Others (JR1425/2022) [2025] ZALCJHB 186 (5 May 2025)

Court

Labour Court Johannesburg

Case number

JR1425/2022

Judge

Tlhotlhalemaje

The Labour Court dismissed NEHAWU members’ application for leave to appeal, finding no reasonable prospects of success or compelling reason to revisit its review judgment.

• Unfair Labour Practice
• Performance Bonus Dispute
• Leave To Appeal Test
• Review Of Arbitration Award
• Leave-to-appeal
• Unfair-labour-practice

Independent Communications Authority of South Africa (ICASA) v Commission for Conciliation, Mediation and Arbitration and Others (JR 1425/2022)

Independent Communications Authority of South Africa (ICASA) v Commission for Conciliation, Mediation and Arbitration and Others (JR 1425/2022) [2025] ZALCJHB 1 (9 January 2025)

Court

Labour Court Johannesburg

Case number

JR 1425/2022

Judge

Tlhotlhalemaje

The Labour Court reviewed and set aside a CCMA award over performance bonuses, holding the commissioner misread the APP target and that no unfair labour practice was proved.

• Unfair Labour Practice
• Performance Bonus Dispute
• Interpretation Of Policy
• Review Of Arbitration Award
• Discretionary Benefits
• Unfair-labour-practice

Mogamat-Tape v Supplier Park Development Company SOC Ltd t/a Automotive Industry Development Centre - Ex Tempore Judgment (J65/2022)

Mogamat-Tape v Supplier Park Development Company SOC Ltd t/a Automotive Industry Development Centre - Ex Tempore Judgment (J65/2022) [2023] ZALCJHB 289; - (12 October 2023)

Court

Labour Court Johannesburg

Case number

J65/2022

Judge

M T M Phehane

Labour Court held it lacked jurisdiction over a bonus dispute pleaded as an unfair labour practice, and struck the application off the roll.

• Jurisdiction Of Labour Court
• Unfair Labour Practice
• Performance Bonus Dispute
• Contract Of Employment
• Specific Performance
• Labour-court-jurisdiction

PSA obo Hyman and Others v Public Health and Social Development Bargaining Council and Others (C337/2020)

PSA obo Hyman and Others v Public Health and Social Development Bargaining Council and Others (C337/2020) [2023] ZALCCT 18 (4 May 2023)

Court

Labour Court Cape Town

Case number

C337/2020

Judge

Lagrange

The Labour Court struck off a review application as no review was pending under the Practice Manual, despite condonation arguments on both sides.

• Unfair Labour Practice
• Condonation
• Practice Manual Compliance
• Arbitration Review
• Performance Bonus Dispute
• Labour-law

Business Connexion (Pty) Ltd v Bella Goldman N.O and Others (C602/2019(B))

Business Connexion (Pty) Ltd v Bella Goldman N.O and Others (C602/2019(B)) [2022] ZALCCT 4 (18 January 2022)

Court

Labour Court Cape Town

Case number

C602/2019(B)

Judge

Rabkin-Naicker

The Labour Court dismissed a review of an unfair labour practice award about unpaid short-term incentives for transferred employees.

• Unfair Labour Practice
• Performance Bonus Dispute
• Section 197 Transfer
• Arbitration Review
• Short Term Incentive
• Benefits Communication

Lawrence v Mutual And Federal (Pty) Ltd and Another (JR3308/2011)

Lawrence v Mutual And Federal (Pty) Ltd and Another (JR3308/2011) [2014] ZALCJHB 153 (9 May 2014)

Court

Labour Court Johannesburg

Case number

JR3308/2011

Judge

Prinsloo

Labour Court review of a private arbitration award in a dismissal dispute. The court upheld review only on the bonus issue and ordered full payment.

• Private Arbitration Review
• Substantive Fairness
• Remedies For Unfair Dismissal
• Performance Bonus Dispute
• Private-arbitration-review
• Dismissal-fairness

Aucamp v South African Revenue Services (JS 884/2011)

Aucamp v South African Revenue Services (JS 884/2011) [2013] ZALCJHB 266; [2014] 2 BLLR 152 (LC); (2014) 35 ILJ 1217 (CC) (17 October 2013)

Court

Labour Court Johannesburg

Case number

JS 884/2011

Judge

Snyman AJ

The Labour Court determined that the true nature of the applicant's dispute was twofold: an unfair labour practice relating to benefits and a dispute about the interpretation and application of collective agreements. The PMDS policy and collective agreements governed the applicant's entitlement to a performance bonus, and any disputes arising from these instruments must be resolved through the dispute resolution process prescribed in the NBF collective agreement, namely private arbitration. The Labour Court lacks jurisdiction to adjudicate both unfair labour practice disputes and disputes abo…

Source excerpt

• Unfair Labour Practice
• Interpretation Of Collective Agreement
• Jurisdiction Of Labour Court
• Performance Bonus Dispute
• Private Arbitration
• Section 158 Stay

Intersite Property Management Services v Mchuba and Others (JR1343/2011)

Intersite Property Management Services v Mchuba and Others (JR1343/2011) [2013] ZALCJHB 217 (13 August 2013)

Court

Labour Court Johannesburg

Case number

JR1343/2011

Judge

Lancaster

The Labour Court reviewed and set aside a CCMA award after finding the commissioner unreasonably refused postponement requests and awarded a bonus unsupported by the evidence.

• Unfair Labour Practice
• Postponement Of Proceedings
• Arbitration Review
• Performance Bonus Dispute
• Labour-law
• Ccma-review

Biermann v Eastern Cape Development Corporation (EL1051/10, ECD2151/10)

Biermann v Eastern Cape Development Corporation (EL1051/10, ECD2151/10) [2013] ZAECELLC 10 (7 August 2013)

Court

Eastern Cape High Court, East London Local Court

Case number

EL1051/10, ECD2151/10

Judge

Hartle

A discovery dispute in a salary-related claim: the court ordered the respondent to file a full Rule 35(3) discovery response, but declined to strike out its defence.

• Discovery Of Documents
• Statutory Record Keeping
• Performance Bonus Dispute
• Employment Contract Entitlements
• Discovery-of-documents
• Civil-procedure

Makau v General Public Service Sectoral Bargaining Council and Others (JR 1638/2010)

Makau v General Public Service Sectoral Bargaining Council and Others (JR 1638/2010) [2012] ZALCJHB 29 (10 March 2012)

Court

Labour Court Johannesburg

Case number

JR 1638/2010

Judge

Lagrange

The court held that the arbitrator correctly determined that most of the applicant's complaints, including non-compliance with grievance procedures, salary differentiation, harassment, and victimisation, did not fall within the unfair labour practice jurisdiction of the bargaining council under section 186(2)(a) of the LRA. These issues were either matters of interpretation and application of collective agreements, contractual entitlements, or required referral to other forums such as the Labour Court or High Court. However, the arbitrator erred by failing to properly canvass whether the appl…

Source excerpt

• Unfair Labour Practice
• Jurisdiction Of Bargaining Council
• Performance Bonus Dispute
• Interpretation Of Collective Agreement
• Remedies Under Lra