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South Africa decisions
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Body Corporate of Federal Industrsl Park v Pec Metering (Pty) Ltd (31013/2018) [2025] ZAGPPHC 412 (22 April 2025)
The High Court found an oral agreement that trust funds be held for the body corporate’s benefit and ordered PEC Metering to pay the money and interest.
Quantum Foods (Pty) Ltd v Commissioner H Jacobs N.O. and Others (JA85/2022) [2023] ZALAC 27; [2024] 1 BLLR 32 (LAC); (2024) 45 ILJ 71 (LAC) (18 October 2023)
The Labour Appeal Court held that a contractual bonus and provident fund contributions had to be included in minimum wage calculations under section 5 of the Act.
Atlas Finance (Pty) Ltd v Commissioner for Conciliation, Mediation and Arbitration and Others (JR57/21) [2022] ZALCJHB 60; [2022] 7 BLLR 647 (LC); (2022) 43 ILJ 1655 (LC) (15 March 2022)
The Labour Court found that the commissioner committed a material error of law and a gross irregularity by excluding commission earned during ordinary working hours from the calculation of wages for compliance with the National Minimum Wage Act. Section 5(1) of the Act does not list commission as an exclusion, and commission is not a discretionary payment but forms part of the employee's wage. The evidence showed that when commission was included, employees were paid above the prescribed minimum wage. The commissioner failed to consider this evidence and misinterpreted the relevant statutory…
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ABC (Pty) Ltd v Commissioner For The South African Revenue Service (14426) [2018] ZATC 6; 81 SATC 255 (13 December 2018)
The court held that the collective agreement entered into between the appellant and the union, although not binding on non-union employees under the Labour Relations Act, was voluntarily extended by the appellant to all non-management employees for reasons of commercial necessity and workplace harmony. There was no legal bar to this extension, and the retrospective payment of wage increases from 1 May backdated to 1 February was consistent with the statutory definition of 'monthly remuneration' as amounts paid or payable. The ETI Act expressly contemplates pro-rating remuneration for employee…
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Emetonjor v Kintetsu World Express SA (Pty) Ltd (C736/16) [2018] ZALCCT 30 (11 September 2018)
The Labour Court dismissed an employee’s claim for commission, holding that the agreement required a 24-month calculation of both target and cost to company.
Christiane v Member of the Executive Council for the Department of Health NO and Another (P585/10) [2013] ZALCPE 9 (30 April 2013)
The Labour Court held that a section 197 transfer left the applicant’s contract intact and that her hours could not be cut under BCEA section 9 because she earned above the threshold.
Mettle Architects CC v Lason Trading 12 (Pty) Limited (2008/30703) [2012] ZAGPJHC 301 (19 March 2012)
The court held that the plaintiff's particulars of claim do not support the importation of a right to fair and reasonable remuneration into the consultancy contract, as the contract expressly provides for the calculation of fees and contains a non-variation clause. The plaintiff's alleged waiver of its right to remuneration based on a percentage of project cost does not entitle it to substitute a new basis for remuneration not contained in the contract. The exceptions based on insufficient averments to sustain a cause of action and on the alleged variation of the contract succeed. However, th…
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Rema Tip Top (Pty) Ltd v Osman NO and Others (JR 2024/08) [2011] ZALCJHB 72 (18 August 2011)
The Labour Court dismissed a review of a CCMA award, finding no reviewable irregularity in the arbitrator’s distinction between poor performance and misconduct.
Mondi Packaging (Pty) Ltd v Director-General: Labour and Others (JA49/08) [2010] ZALAC 14; [2010] 11 BLLR 1131 (LAC) ; (2010) 31 ILJ 2558 (LAC) (23 July 2010)
The Labour Appeal Court held that “gross pay” in a BCEA ministerial determination excludes overtime pay when calculating the threshold for section 16 Sunday-pay protection.
South African Post Office Limited v Transman (Pty) Limited (A706/2006) [2008] ZAGPHC 410 (21 November 2008)
High Court appeal over a labour broker contract partly succeeded: the payment order was set aside, but information and declaratory relief were upheld.
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