South Africa Case Law

Small Enterprise Development Agency v Commission for Concilliation, Mediation and Arbitration and Others (JR52/2021)

Small Enterprise Development Agency v Commission for Concilliation, Mediation and Arbitration and Others (JR52/2021) [2024] ZALCJHB 11; (2024) 45 ILJ 920 (LC) (9 January 2024)

Court

Labour Court Johannesburg

Case number

JR52/2021

Judge

N P Voyi

The Labour Court set aside a CCMA award on a backdated performance agreement, holding the agreement invalid and remitting the unfair labour practice dispute for fresh arbitration.

• Unfair Labour Practice
• Performance Evaluation
• Backdating Of Contracts
• Jurisdiction Of Ccma
• Performance Management Policy
• Unfair-labour-practice

University of KwaZulu-Natal Staff Union obo Members v University of KwaZulu-Natal (D266/2014)

University of KwaZulu-Natal Staff Union obo Members v University of KwaZulu-Natal (D266/2014) [2015] ZALCD 59 (30 September 2015)

Court

Labour Court Durban

Case number

D266/2014

Judge

Cele

The Labour Court found that the dispute essentially concerned allegations of unfair labour practices, which must first be referred to conciliation and arbitration in terms of section 191 of the Labour Relations Act. The existence of pending CCMA proceedings on the same subject matter reinforced the inappropriateness of the application. The Court held that declaratory and interdictory relief was not suitable where alternative statutory remedies were available and that the presence of material disputes of fact made motion proceedings improper. The applicant failed to demonstrate irreparable har…

Source excerpt

• Declaratory Relief
• Interdictory Relief
• Unfair Labour Practice
• Jurisdiction Of Labour Court
• Conciliation And Arbitration
• Performance Management Policy