South Africa Case Law

Davids-Paulse v MEC: Department of Education : NC and Others (825/15)

Davids-Paulse v MEC: Department of Education : NC and Others (825/15) [2015] ZANCHC 37 (4 December 2015)

Court

Northern Cape High Court, Kimberley

Case number

825/15

Judges

Kgomo, Pakati

The court held that the applicant's claim, which concerned the deduction of salary due to non-compliance with sick leave procedures, fell squarely within the definition of an unfair labour practice under section 186(2)(a) of the Labour Relations Act. The Labour Court has exclusive jurisdiction over such matters, and the High Court cannot adjudicate them. The applicant's attempt to frame the dispute as an administrative action under PAJA was rejected, as the substance of the claim related to employment and labour relations. The court further found that the applicant had not properly exhausted…

Source excerpt

• Jurisdiction Of High Court
• Unfair Labour Practice
• Remuneration And Benefits
• Exhaustion Of Internal Remedies
• Administrative Action
• Deductions From Salary

Agricultural Research Council v Bredell and Others (539/2003)

Agricultural Research Council v Bredell and Others (539/2003) [2004] ZASCA 147; [2005] 1 All SA 515 (SCA) (2 December 2004)

Court

Supreme Court of Appeal

Case number

539/03

Judges

Streicher, Navsa, Nugent, Heher, Erasmus

The Supreme Court of Appeal held that employer top-up payments to a pension fund were recoverable from employees under the condictio indebiti.

• Condictio Indebiti
• Pension Fund Liability
• Delegation Of Authority
• Unjust Enrichment
• Remuneration And Benefits
• Condictio-indebiti

South African Broadcasting Corporation v McKenzie (CA8/98)

South African Broadcasting Corporation v McKenzie (CA8/98) [1998] ZALAC 13 (15 October 1998)

Court

Labour Appeal Court

Case number

CA8/98

Judges

Myburgh JP, Froneman DJP, Cameron JA

The Labour Appeal Court held that McKenzie was an independent contractor, not an employee, and set aside the industrial court’s unfair labour practice award.

• Employment Status
• Contract Of Service Vs Contract Of Work
• Unfair Labour Practice
• Dominant Impression Test
• Termination Of Contract
• Remuneration And Benefits