South Africa Case Law

Minister of Correctional Services v General Public Services Sectoral Bargaining Council and Others (J1525/15)

Minister of Correctional Services v General Public Services Sectoral Bargaining Council and Others (J1525/15) [2018] ZALCJHB 218 (4 July 2018)

Court

Labour Court Johannesburg

Case number

J1525/15

Judge

Lagrange

The Labour Court condoned a late review, dismissed a Rule 11 strike-out application, and set aside an arbitration award about a precautionary transfer.

• Unfair Labour Practice
• Precautionary Transfer
• Disciplinary Code Interpretation
• Condonation Of Late Filing
• Rule 11 Application
• Labour-law

City of Johannesburg Metropolitan Municipality v South African Municipal Workers Union (SAMWU) and Others (J1799/17)

City of Johannesburg Metropolitan Municipality v South African Municipal Workers Union (SAMWU) and Others (J1799/17) [2017] ZALCJHB 292; [2017] 12 BLLR 1244 (LC) (10 August 2017)

Court

Labour Court Johannesburg

Case number

J1799/17

Judge

Myburgh, AJ

The court found that the municipality had established, on a prima facie basis, that the threatened strike by SAMWU was unprotected. This was primarily due to the failure to provide the required seven days’ notice to a state employer under section 64(1)(d) of the LRA, and the existence of a contractual dispute actionable under section 77(3) of the BCEA, which may invoke the section 65(1)(c) limitation on the right to strike. The court noted conflicting judgments on whether such disputes are hit by the limitation, but held that the municipality had at least established a prima facie right to re…

Source excerpt

• Right To Strike
• Unprotected Strike
• Section 64 Lra
• Section 65 Lra Limitation
• Precautionary Transfer
• Interim Relief

Premier, Western Cape (Department of the Premier, Western Cape Government) v National Union of Public Service (NUPSAW) obo Pietersen and Others (C352/2015)

Premier, Western Cape (Department of the Premier, Western Cape Government) v National Union of Public Service (NUPSAW) obo Pietersen and Others (C352/2015) [2016] ZALCCT 40 (13 October 2016)

Court

Labour Court Cape Town

Case number

C352/2015

Judge

Rabkin-Naicker

The court found that both the precautionary suspension and subsequent transfer constituted disciplinary actions short of dismissal and fell within the ambit of unfair labour practice under section 186(2) of the Labour Relations Act. The arbitrator did not misconstrue the nature of the dispute, as the referral and conciliation documents encompassed both actions. The guidelines and collective agreement were relevant and applicable, requiring procedural fairness and regular review of the employee's situation. Pietersen was not afforded a meaningful opportunity to make representations, nor was he…

Source excerpt

• Unfair Labour Practice
• Precautionary Suspension
• Precautionary Transfer
• Procedural Fairness
• Collective Agreement
• Compensation Quantum

Dlamini and Others v Independent Police Investigative Directorate and Another (J1782/15)

Dlamini and Others v Independent Police Investigative Directorate and Another (J1782/15) [2016] ZALCJHB 452 (29 April 2016)

Court

Labour Court Johannesburg

Case number

J1782/15

Judge

Van Niekerk

The court found that the precautionary transfer of the first and third applicants was implemented from 1 September 2015 and that, regardless of any interim order, the 60-day period stipulated in the SMS handbook had expired long before the hearing. The SMS handbook clearly provides that any extension of a precautionary transfer beyond 60 days must be effected by the chairperson of a disciplinary enquiry, not unilaterally by the employer. Since no such extension was granted, the continued transfer was unlawful. The court rejected the respondents' argument regarding the calculation of the 60-da…

Source excerpt

• Precautionary Transfer
• Disciplinary Procedure
• Sms Handbook
• Unlawful Suspension

NEHAWU obo Nkambule v MEC: Department of Finance and Another (J 2241/13)

NEHAWU obo Nkambule v MEC: Department of Finance and Another (J 2241/13) [2013] ZALCJHB 288 (31 October 2013)

Court

Labour Court Johannesburg

Case number

J 2241/13

Judge

Van Niekerk

The Labour Court dismissed an urgent application challenging a precautionary transfer to a call centre, finding no breach of contract and no basis for final relief.

• Precautionary Transfer
• Breach Of Contract
• Unilateral Change Of Terms
• Unfair Labour Practice
• Demotion
• Disciplinary Code

HOSPERSA and Another v MEC for Health Gauteng Provincial Government (J 542/2008)

HOSPERSA and Another v MEC for Health Gauteng Provincial Government (J 542/2008) [2008] ZALC 45; [2008] 9 BLLR 861 (LC) ; (2008) 29 ILJ 2769 (LC) (22 April 2008)

Court

Labour Court

Case number

J542/2008

Judge

AC Basson

The Labour Court held that Dr Kaplan remained entitled to pay because the employer had not finally implemented her transfer and withdrew salary without hearing her.

• Unilateral Salary Withdrawal
• Audi Alteram Partem
• Precautionary Transfer
• Basic Conditions Of Employment Act
• Unfair Labour Practice
• Labour-law

HOSPERSA and Another v MEC for Health, Gauteng Provincial Government (J542/2008)

HOSPERSA and Another v MEC for Health, Gauteng Provincial Government (J542/2008) [2008] ZALCJHB 87 (22 April 2008)

Court

Labour Court Johannesburg

Case number

J542/2008

Judge

AC Basson

The Labour Court ordered payment of Dr Kaplan’s salary after finding the employer had not lawfully finalised her transfer or heard her before stopping pay.

• Unilateral Withdrawal Of Salary
• Audi Alteram Partem
• Precautionary Transfer
• Basic Conditions Of Employment Act
• Unfair Labour Practice
• Remuneration Entitlement