Sullivan and Others v Minister of Defence and Military Veterans and Others (37166/2023) [2024] ZAGPPHC 197 (29 February 2024)
Court
North Gauteng High Court, Pretoria
Case number
37166/2023
Judge
G S Myburgh
The court granted interim relief restoring technical allowances to three SANDF employees pending grievances and possible review proceedings, finding the discontinuance likely unlawful.
Lebelo and Others v City of Johannesburg Metropolitian Municipality (J2055/2014) [2024] ZALCJHB 23 (22 January 2024)
Court
Labour Court Johannesburg
Case number
J2055/2014
Judge
Prinsloo
The Labour Court dismissed a discrimination claim by converted municipal employees, finding the sunset clause rational and the service bonus already built into total remuneration.
H & H Specialized Services (Pty) Ltd v Bezuidenhout and Others (J318/21) [2023] ZALCJHB 333 (22 November 2023)
Court
Labour Court Johannesburg
Case number
J318/21
Judge
N Motshegare
The writ of execution was set aside because it was issued for an amount inclusive of VAT, based on an invoice, rather than for remuneration as ordered by the Consented Order. The Consented Order required payment of remuneration for the suspension period, which, in the context of an employment relationship, obliged the applicant to deduct employee's tax before payment. The respondent's refusal to provide tax information prevented the applicant from complying with the order. The writ was therefore not in conformity with the judgment and could not be enforced as issued. The applicant's obligatio…
Mncwati and Others v King Sabata Dalindyebo Local Municipality (5448/2021) [2023] ZAECMHC 44 (22 August 2023)
Court
Eastern Cape High Court, Mthatha
Case number
5448/2021
Judge
T.V. Norman
The court held that the municipality must reflect the agreed 6% shift allowance rate on applicants’ payslips, but refused to interfere with salary calculation under the collective agreement.
Deep Blue Ocean Trading 787 CC t/a Avemel and Another v DETAWU on behalf of Six Members and Others (D247/2022) [2022] ZALCD 48 (20 September 2022)
Court
Labour Court Durban
Case number
D247/2022
Judge
Allen-Yaman
Labour Court dismissed a stay and interdict application over enforcement of a bargaining council award, finding no clear right, irreparable harm, or proper tax basis.
RFS Administrators (PTY) LTD v Samons and Others (JS 641/17) [2022] ZALCJHB 110 (30 August 2022)
Court
Labour Court Johannesburg
Case number
JS 641/17
Judge
Moshoana
The court found that the applicant failed to prove the existence of an employment contract with the respondents at the time the bonus payments were made. The evidence established that the respondents' employment with the applicant had terminated when they were appointed by the Funds, and any subsequent remuneration or HR arrangements were governed by the Funds, not the applicant. The HR Policy and its addendum did not apply to the respondents, as there was no employer-employee relationship with the applicant. The payments received by the respondents were not secret profits, but bonuses paid b…
Mkhwanazi and Another v Unitrans Supply Chain Solutions (PTY) Ltd (27 July 2022) (JS 1087/12) [2022] ZALCJHB 201 (27 July 2022)
Court
Labour Court Johannesburg
Case number
JS 1087/12
Judge
Mabaso
The court found that the respondent offered the applicants reasonable alternative employment in Johannesburg, including a relocation allowance, temporary accommodation, and the prospect of future salary increases. The reduction in hourly rates was justified by the terms of the new contract and parity among employees. The applicants' refusal to accept the alternative employment was based solely on the reduced rates, which amounted to a loss of approximately R300 per month. The court held that this refusal was unreasonable, especially given the respondent's efforts to avoid retrenchment and the…