South Africa Case Law

Director-General, Department of International Relations and Cooperation and Others v Mbedzi (A108/22)

Director-General, Department of International Relations and Cooperation and Others v Mbedzi (A108/22) [2023] ZAGPPHC 2047 (21 December 2023)

Court

North Gauteng High Court, Pretoria

Case number

A108/22

Judges

M Motha, J Yende, Selby Baqwa

A full bench upheld retrospective COLA relief for a DIRCO employee whose local upgrade to Assistant Director affected his foreign posting rank.

• Public Protector Remedial Action
• Placement Policy
• Cost Of Living Allowance
• Foreign Service Dispensation
• Judicial Review
• Punitive Costs

IMATU and Others v Ethekwini Municipality and Others

IMATU and Others v Ethekwini Municipality and Others [2013] ZALCD 26; (2014) 35 ILJ 1572 (LC) (12 September 2013)

Court

Labour Court Durban

Case number

D295/11

Judge

Cele

The Labour Court dismissed a review of an arbitration award, holding that the employer retained managerial discretion not clearly waived by the placement policy.

• Collective Agreement Interpretation
• Managerial Prerogative
• Review Of Arbitration Award
• Placement Policy
• Functus Officio
• Collective-agreement-interpretation

Ethekwini Municipality (Health Department) v Independent Municipal and Allied Trade Union obo Foster and Others (DA6/10)

Ethekwini Municipality (Health Department) v Independent Municipal and Allied Trade Union obo Foster and Others (DA6/10) [2011] ZALAC 28; (2012) 33 ILJ 152 (LAC) (28 October 2011)

Court

Labour Appeal Court

Case number

DA6/10

Judges

Jappie JA, Mlambo JP, Molemela AJA

The Labour Appeal Court held that “parties” in a placement policy meant the Placement Committee members, not individual employees, and upheld the dismissal of the application.

• Collective Agreements
• Placement Policy
• Interpretation Of Collective Agreements
• Arbitration Rights
• Collective Bargaining
• Grievance Procedure

National Education, Health & Allied Workers Union obo Members v National Home Builders Registration Council (J 1568/10)

National Education, Health & Allied Workers Union obo Members v National Home Builders Registration Council (J 1568/10) [2010] ZALC 119; (2011) 32 ILJ 365 (LC) (12 August 2010)

Court

Labour Court

Case number

J 1568/10

Judge

Lagrange

The Labour Court interdicts the employer’s new-post restructuring for 30 days and orders section 189 consultation to begin, finding consultation was due before placement decisions became final.

• Section 189 Consultation
• Collective Agreement Enforcement
• Urgent Interdict
• Procedural Fairness
• Placement Policy
• Restructuring And Retrenchment

Mopani District Municipality v South African Local Government Bargaining Council and Others (JA02/09)

Mopani District Municipality v South African Local Government Bargaining Council and Others (JA02/09) [2010] ZALAC 39 (20 May 2010)

Court

Labour Appeal Court

Case number

JA02/09

Judges

Davis, Tlaletsi, Hendricks

Labour Appeal Court held that Visser’s dismissal for desertion was unfair, but reinstatement was impractical after six years, so compensation was ordered.

• Unfair Dismissal
• Conditional Acceptance Of Transfer
• Placement Policy
• Procedural Fairness
• Remedy For Unfair Dismissal
• Labour-law

Mopani District Municipality v SA Local Government Bargaining Council and Others (JR 3015/04, J 1265/07)

Mopani District Municipality v SA Local Government Bargaining Council and Others (JR 3015/04, J 1265/07) [2008] ZALC 108 (13 August 2008)

Court

Labour Court

Case number

JR 3015/04, J 1265/07

Judge

Cele

The Labour Court dismissed a review of an arbitration award, finding the employee’s placement had not been finalised and that the dismissal was procedurally unfair.

• Unfair Dismissal
• Placement Policy
• Section 197 Transfer
• Procedural Fairness
• Substantive Fairness
• Arbitration Review

Solidarity obo Kern v Mudau and Others (JR 987/05)

Solidarity obo Kern v Mudau and Others (JR 987/05) [2007] ZALC 131; [2007] 6 BLLR 566 (LC); (2007) 28 ILJ 1146 (LC) (19 January 2007)

Court

Labour Court

Case number

JR 987/05

Judge

Mokgoatlheng

The Labour Court found that Kern’s placement as Committee Officer was a demotion and unfair labour practice, set aside the arbitration award, and awarded compensation.

• Unfair Labour Practice
• Demotion
• Collective Agreement
• Compensation
• Placement Policy
• Remedies

Solidarity obo Kern v Mudau and Others (JR987/05)

Solidarity obo Kern v Mudau and Others (JR987/05) [2007] ZALCJHB 25 (19 January 2007)

Court

Labour Court Johannesburg

Case number

JR987/05

Judge

Mokgoatlheng

The court found that the arbitrator misconstrued the concept of demotion by focusing solely on financial loss and failing to consider the reduction in status, job content, and responsibilities. The evidence showed that JF Kern was placed in a post inferior to his previous position, and that the placement breached the Collective Agreement. The court held that Kern was subjected to an unfair labour practice as defined in section 186(2)(a) of the Labour Relations Act. The arbitrator's award was not rationally connected to the evidence and was therefore reviewable and set aside. The court exercis…

Source excerpt

• Unfair Labour Practice
• Demotion
• Collective Agreement
• Compensation
• Placement Policy

IMATU v City of Tshwane Metropolitan Municipality (J2561/01)

IMATU v City of Tshwane Metropolitan Municipality (J2561/01) [2001] ZALC 128; [2001] 12 BLLR 1332 (LC) (17 August 2001)

Court

Labour Court

Case number

J2561/01

Judge

Landman

The Labour Court dismissed IMATU’s bid to stop Tshwane from making permanent appointments before a negotiated placement policy was finalised.

• Collective Agreement Definition
• Placement Policy
• Interdict
• Municipal Staff Transfer
• Collective-agreement
• Municipal-employment