South Africa Case Law

Eskom Holdings Ltd v Solidarity obo Govender and Others (JR 265/20)

Eskom Holdings Ltd v Solidarity obo Govender and Others (JR 265/20) [2023] ZALCJHB 302 (2 November 2023)

Court

Labour Court Johannesburg

Case number

JR 265/20

Judge

Sethene

The court found that the arbitrator misconstrued crucial evidence and misapplied the law regarding legitimate expectation. Ms. Govender was not the most qualified candidate for the position, as evidenced by her academic profile and interview scores compared to Ms. Mqcina. The recruitment process followed Eskom's policy, and there was no documentary or other evidence that Eskom created a legitimate expectation of appointment. The arbitrator placed undue weight on irrelevant factors and ignored material evidence. The award of compensation was not justified, and the finding of unfair labour prac…

Source excerpt

• Unfair Labour Practice
• Promotion And Appointment
• Legitimate Expectation
• Review Of Arbitration Award

Mathonsi v Passenger Rail Agency South Africa (J 752/2023)

Mathonsi v Passenger Rail Agency South Africa (J 752/2023) [2023] ZALCJHB 186 (21 June 2023)

Court

Labour Court Johannesburg

Case number

J 752/2023

Judge

Van Niekerk

The Labour Court dismissed an urgent bid to stop PRASA from appointing anyone to a general manager post, finding no prima facie right to appointment or promotion.

• Unfair Labour Practice
• Promotion And Appointment
• Interim Interdict
• Legitimate Expectation
• Urgent-interdict
• Promotion-and-appointment

Ngcobo v Standard Bank of South Africa and Others (D439/12)

Ngcobo v Standard Bank of South Africa and Others (D439/12) [2013] ZALCD 33 (25 September 2013)

Court

Labour Court Durban

Case number

D439/12

Judge

Tlhotlhalemaje

Labour Court review dismissed where an employee failed to show unfairness in a restructuring-based promotion process for Team Leader posts.

• Unfair Labour Practice
• Promotion And Appointment
• Review Of Arbitration Award
• Commissioner Discretion
• Costs Order
• Unfair-labour-practice

Head of the Department of Education v Mofokeng and Others (JR 633/10, J 277/13)

Head of the Department of Education v Mofokeng and Others (JR 633/10, J 277/13) [2013] ZALCJHB 66 (30 April 2013)

Court

Labour Court Johannesburg

Case number

JR 633/10, J 277/13

Judge

Cele

Labour Court review of an unfair labour practice award failed. The court held that the principal’s post should not have been advertised and upheld the award.

• Unfair Labour Practice
• Promotion And Appointment
• School Merger
• Personnel Absorption
• Unfair-labour-practice
• Promotion-and-appointment

Naidoo v Minister of Safety and Security and Another (JS 566/2011)

Naidoo v Minister of Safety and Security and Another (JS 566/2011) [2013] ZALCJHB 19; [2013] 5 BLLR 490 (LC); 2013 (3) SA 486 (LC); (2013) 34 ILJ 2279 (LC) (15 February 2013)

Court

Labour Court Johannesburg

Case number

JS 566/2011

Judge

Shaik

The court found that the SAPS Employment Equity Plan, as implemented, created an absolute barrier to the appointment of Indian females to senior management positions, constituting unfair discrimination on the grounds of race and gender. The plan's reliance on national demographic percentages and a 70:30 gender ratio resulted in the exclusion of Indian females from advancement, contrary to the constitutional and statutory objectives of substantive equality and equitable representation. The National Commissioner's decision to reject the applicant's appointment was not based on inherent requirem…

Source excerpt

• Employment Equity
• Affirmative Action
• Unfair Discrimination
• Promotion And Appointment
• Remedies For Unfair Discrimination
• Collective Agreements

Minister of Home Affairs v General Public Service Sectoral Bargaining Council and Others (JR1128/07)

Minister of Home Affairs v General Public Service Sectoral Bargaining Council and Others (JR1128/07) [2008] ZALCJHB 23 (26 March 2008)

Court

Labour Court Johannesburg

Case number

JR1128/07

Judge

Jammy

Labour Court dismissed a review of an arbitration award finding an unfair labour practice in a promotion dispute, upholding the order appointing Ms Sitole.

• Unfair Labour Practice
• Promotion And Appointment
• Arbitration Award Review
• Discretion Of Employer
• Unfair-labour-practice
• Promotion-and-appointment

Minister of Home Affairs v General Public Service Sectoral Bargaining Council and Others (JR 1128/07)

Minister of Home Affairs v General Public Service Sectoral Bargaining Council and Others (JR 1128/07) [2008] ZALC 35 (26 March 2008)

Court

Labour Court

Case number

JR 1128/07

Judge

Jammy

The Labour Court dismissed a review of an unfair labour practice award relating to a public service appointment, holding the arbitrator’s decision was reasonable.

• Unfair Labour Practice
• Promotion And Appointment
• Arbitration Review
• Discretion Of Employer
• Unfair-labour-practice
• Promotion-and-appointment

Loggenberg and Another v Area Commissioner, Correctional Services and Others (C566/2004)

Loggenberg and Another v Area Commissioner, Correctional Services and Others (C566/2004) [2005] ZALC 105; [2008] 3 BLLR 250 (LC) (7 November 2005)

Court

Labour Court

Case number

C566/2004

Judge

Francis

The Labour Court dismissed a review over disputed post placements and promotions in Correctional Services, holding the applicants were not entitled to automatic appointment.

• Promotion And Appointment
• Unfair Labour Practice
• Public Service Regulations
• Collective Agreements
• Procedural Fairness
• Jurisdiction Of Labour Court