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South Africa decisions
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Bekentla v King Sabata Dalindyebo Local Municipality (K.S.D) (3580/2020) [2025] ZAECMHC 58 (1 July 2025)
The court dismissed an employee’s claim for an acting allowance, finding the municipality’s staff-establishment changes and later placement in a permanent post ended the acting arrangement.
Ndara v Acting National Commissioner for the Department of Correctional Services and Others (C149/2022) [2022] ZALCCT 18 (29 April 2022)
The court found that the respondents failed to follow the required process for terminating the applicant's employment contract, specifically neglecting to afford him audi rights as stipulated in the contract and relevant statutes. The termination was declared unlawful and of no force and effect. The court also found that the respondents made unlawful deductions from the applicant's salary without proper authorization, contravening section 34 of the BCEA. The applicant established a clear right to relief, with no alternative remedy available. The court ordered restoration of the status quo ant…
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Sekhute and Others v Ekhuruleni Housing Company SOC and Another; In re: Sebola and Others v Ekhuruleni Housing Company SOC (J1862/17) [2018] ZALCJHB 8 (24 January 2018)
Leave to appeal was granted only on the interpretation of sections 34(1)(b) and 34(5)(a) of the Basic Conditions of Employment Act. Costs were refused.
Farre v Minister of Defence and Others (C450/2015) [2016] ZALCCT 20; (2017) 38 ILJ 174 (LC) (12 July 2016)
The court found that the applicant's dispute concerns the interpretation and application of a collective agreement (the OSD) and the employer's conduct in relation to alleged demotion and remuneration deductions. Such disputes are subject to arbitration under the LRA and not reviewable by the Labour Court under section 158(1)(h). The applicant's pleadings, properly construed, do not establish an exception to the general rule that employment-related grievances by state employees are not administrative action and must be resolved through the dispute resolution mechanisms provided by labour legi…
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Sebatana v Ratton Local Municipality and Another (J 2069/11) [2015] ZALCJHB 8 (21 January 2015)
The Labour Court held that a sick-leave remuneration dispute under a collective agreement had to be referred to the Bargaining Council, and dismissed the application for lack of jurisdiction.
Democratic Nursing Organization of South Africa and Another v Director General, Department of Heath and Others (J 2386/08) [2008] ZALC 151; (2009) 30 ILJ 1845 (LC) (15 November 2008)
The Labour Court granted urgent interim relief preventing deductions from nurses’ pay for alleged OSD overpayments and ordered repayment of sums already deducted.
Nehawu and Others v Minister of Public Service and Administration and Others (J 2372/08) [2008] ZALC 150 (15 November 2008)
The court found that the applicants had established a prima facie right to prevent deductions from their members' remuneration pending the resolution of the dispute at the PHWSBC. The deductions were not authorised by law or agreement and caused irreparable harm to the affected employees. The urgency of the matter was justified given the financial prejudice suffered by the applicants' members. The court dispensed with the normal rules and granted the interim interdict, restraining the respondents from making further deductions and ordering repayment of any amounts already deducted.
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