Kgasane v MEC Department of Health Free State and Another (C507/2022) [2024] ZALCCT 57; (2025) 46 ILJ 359 (LC) (19 November 2024)
Court
Labour Court Cape Town
Case number
C507/2022
Judge
RN Daniels
The Labour Court held it had jurisdiction over a claim for accrued leave pay under section 73A of the BCEA and dismissed the defendants’ jurisdictional challenge.
Zama and Others v Isidingo Security Services and Others (JR566/23) [2024] ZALCJHB 5 (22 January 2024)
Court
Labour Court Johannesburg
Case number
JR566/23
Judge
MI Savant
The court found that the commissioner misconstrued the nature of the applicants' claim for remuneration under section 198B(10) of the LRA by incorrectly applying the principles from Nama Khoi, which dealt with reinstatement and not remuneration claims. The applicants' delay in referring the dispute was not wilful, and they actively pursued their rights. The prospects of success in the main claim were very good, and the interests of justice required that condonation be granted. The commissioner’s ruling was therefore irrational and unjustifiable, and the Labour Court substituted the refusal of…
Vermaak and Another v Sea Spirit Trading 162 CC t/a Paledi Super Spar and Others (JS964/2015) [2017] ZALCJHB 34; (2017) 38 ILJ 1411 (LC) (31 January 2017)
Court
Labour Court Johannesburg
Case number
JS964/2015
Judge
Prinsloo
The Labour Court held that Spar’s taking control under a perfected notarial bond amounted to a section 197 transfer, making the applicants’ dismissals automatically unfair.
Zapop (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (CA21/2014) [2016] ZALAC 16; (2016) 37 ILJ 1882 (LAC); [2016] 9 BLLR 910 (LAC) (12 May 2016)
Court
Labour Appeal Court
Case number
CA21/2014
Judges
Sutherland JA, Davis CJ, Musi JJA
The Labour Appeal Court held that the arbitrator's finding of unfair dismissal was reasonable and met the Sidumo test. The disclosure of confidential information and disparaging remarks, while constituting misconduct, did not warrant dismissal given the absence of actual harm, the trivial nature of the remarks, and the passage of time. The arbitrator had jurisdiction to adjudicate commission claims under section 74(2) of the BCEA, as commission forms part of remuneration. No forfeiture clause or consistent practice barred Cunningham's entitlement to commission earned prior to dismissal but pa…
Senekal v MEC for Education (Gauteng Province) and Another (JEQ01/2010; J1980/2005) [2015] ZALCJHB 303 (19 August 2015)
Court
Labour Court Johannesburg
Case number
JEQ01/2010; J1980/2005
Judge
Nkutha-Nkontwana
The Labour Court found that the employer unfairly discriminated against a teacher by failing to reasonably accommodate his permanent hearing impairment.
De Beer v Minister of Safety and Security/Police and Another (P720/10) [2011] ZALCPE 7; (2011) 32 ILJ 2506 (LC) (23 May 2011)
Court
Labour Court Port Elizabeth
Case number
P720/10
Judge
Lallie
The Labour Court has jurisdiction to grant interim relief in employment disputes, including those involving claims for remuneration and ill-health retirement, as confirmed by section 158(1)(a) of the LRA and section 77(1) of the BCEA. However, the applicant failed to establish a prima facie right to the relief sought. He did not provide a factual foundation to show he would overcome the condonation hurdle for late referral of his unfair dismissal dispute to the SSSBC. The evidence did not support that his applications for temporary incapacity leave and ill-health retirement were properly made…
