South Africa Case Law

SACCAWU and Others v Southern Sun Hotel Interests (Pty) Ltd (JS1162/14; J2361/14)

SACCAWU and Others v Southern Sun Hotel Interests (Pty) Ltd (JS1162/14; J2361/14) [2016] ZALCJHB 283 (3 July 2016)

Court

Labour Court Johannesburg

Case number

JS1162/14; J2361/14

Judge

Whitcher

The Labour Court held that section 189A(18) of the LRA expressly prohibits the consolidation or co-hearing of procedural unfairness claims brought under section 189A(13) with substantive unfairness claims referred under section 191(5)(b)(ii). The statutory scheme requires these claims to be dealt with separately: procedural unfairness by motion proceedings and substantive unfairness by trial. The court found that the applicants' attempt to consolidate or co-hear the claims was impermissible, as the legislature intended for procedural issues to be addressed expeditiously and independently, not…

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• Retrenchment Procedure
• Section 189a Lra
• Consolidation Of Proceedings
• Procedural Vs Substantive Fairness
• Compensation For Unfair Dismissal

SACCAWU and Others v Southern Sun Hotel interests (Pty) Ltd (JS1162/14, J2361/14)

SACCAWU and Others v Southern Sun Hotel interests (Pty) Ltd (JS1162/14, J2361/14) [2016] ZALCJHB 235; [2017] 1 BLLR 90 (LC); (2017) 38 ILJ 463 (LC) (3 July 2016)

Court

Labour Court Johannesburg

Case number

JS1162/14 & J2361-14

Judge

Whitcher

The court held that section 189A(18) of the LRA clearly prohibits the consolidation or co-hearing of procedural fairness claims brought under section 189A(13) with substantive fairness claims referred under section 191(5)(b)(ii). The statutory scheme requires that procedural and substantive unfairness in retrenchment disputes be adjudicated separately, with procedural claims determined by motion proceedings and substantive claims by trial. The court found that the applicants' attempt to consolidate the two processes was impermissible, as the LRA's structure and wording do not allow for such c…

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• Retrenchment Procedure
• Consolidation Of Proceedings
• Section 189a Lra
• Procedural Vs Substantive Fairness

Ndaba and Others v T - Systems (Pty) Ltd and Others (JS788/2012)

Ndaba and Others v T - Systems (Pty) Ltd and Others (JS788/2012) [2015] ZALCJHB 346; [2016] 1 BLLR 60 (LC) (7 October 2015)

Court

Labour Court Johannesburg

Case number

JS788/2012

Judge

Tlhotlhalemaje

The Labour Court lacks jurisdiction to adjudicate claims of procedural unfairness in retrenchments under section 189A unless brought by way of an application under section 189A(13) within the prescribed period. The applicants' claim that their dismissals were unlawful, invalid, or void due to premature notice of termination is not sustainable in law. The notice of termination was issued in accordance with the statutory requirements, and recent case law confirms that non-compliance with section 189A does not result in invalidity of dismissals. The preliminary points raised by the respondents a…

Source excerpt

• Automatically Unfair Dismissal
• Operational Requirements Retrenchment
• Section 189a Procedure
• Jurisdiction Of Labour Court
• Notice Of Termination
• Procedural Vs Substantive Fairness

Minister of Police v General Public Sectoral Bargaining Council and Others (D1191/2011)

Minister of Police v General Public Sectoral Bargaining Council and Others (D1191/2011) [2014] ZALCD 43 (26 August 2014)

Court

Labour Court Durban

Case number

D1191/2011

Judge

Nel

Labour Court review of a promotion dispute dismissed, finding the arbitrator’s result sustainable despite errors on onus and procedure.

• Unfair Labour Practice
• Promotion Dispute
• Arbitration Review
• Onus Of Proof
• Procedural Vs Substantive Fairness
• Unfair-labour-practice