South Africa Case Law

Keswa and Another v Office of Premier and Others (D320/23)

Keswa and Another v Office of Premier and Others (D320/23) [2025] ZALCD 5 (10 February 2025)

Court

Labour Court Durban

Case number

D320/23

Judge

Whitcher

The court found that no binding decision was made by the first respondent to upgrade the applicants' posts from level 9 to 12, as the necessary approvals were not obtained and the job evaluation process was incomplete. The applicants' reliance on submissions and recommendations did not amount to a final decision. The court further held that the bargaining council does have jurisdiction over the applicants' unfair labour practice dispute concerning the provision of benefits, as grading disputes are encompassed within such claims under the LRA. The arbitrator's ruling denying jurisdiction was t…

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• Unfair Labour Practice
• Job Evaluation
• Jurisdiction Of Bargaining Council
• Legality Review
• Provision Of Benefits

Enoch Mgijima Local Municipality v South African Local Government Bargaining Council and Others (PR143/21B)

Enoch Mgijima Local Municipality v South African Local Government Bargaining Council and Others (PR143/21B) [2024] ZALCPE 34 (1 August 2024)

Court

Labour Court Port Elizabeth

Case number

PR143/21B

Judge

M Makhura

The Labour Court reviewed and set aside an arbitration award that reinstated an essential user car scheme benefit, finding the employees had not proved entitlement.

• Unfair Labour Practice
• Provision Of Benefits
• Review Of Arbitration Award
• Onus Of Proof
• Unfair-labour-practice
• Benefits

Woolworths (PTY) Ltd v Phala N.O. and Others (JR 2113/21)

Woolworths (PTY) Ltd v Phala N.O. and Others (JR 2113/21) [2022] ZALCJHB 265 (16 September 2022)

Court

Labour Court Johannesburg

Case number

JR 2113/21

Judge

Van Niekerk

The court held that the CCMA lacked jurisdiction to arbitrate the dispute referred by the union because the issues raised did not fall within the statutory definition of 'unfair labour practice' under section 186(2) of the LRA. The union's demands related to new contractual terms and conditions, such as salary for reduced hours, medical aid membership, retirement age, and severance pay, which are matters of mutual interest and not unfair labour practices. The Labour Court had previously determined that these issues were matters of mutual interest to be resolved through negotiation and power-p…

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• Unfair Labour Practice
• Jurisdiction Of Ccma
• Res Judicata
• Collateral Challenge
• Provision Of Benefits

Pretorius v G4S Secure Solutions (SA) (Pty) Ltd and Others (JR2498/13)

Pretorius v G4S Secure Solutions (SA) (Pty) Ltd and Others (JR2498/13) [2015] ZALCJHB 414 (24 November 2015)

Court

Labour Court Johannesburg

Case number

JR2498/13

Judge

Steenkamp

The Labour Court set aside a CCMA award after finding the commissioner failed to consider whether a site transfer and salary cut amounted to demotion or loss of a benefit.

• Unfair Labour Practice
• Demotion
• Provision Of Benefits
• Remuneration
• Arbitration Review
• Jurisdiction Of Ccma