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South Africa decisions
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Minister of Justice and Correctional Services v POPCRU obo Basini (C323/2021) [2025] ZALCCT 38 (5 June 2025)
The Labour Court dismissed a review of an arbitration award holding that the OSD salary structure applied to a promoted correctional official.
Oliphant v Motor Industry Fund Administrators and Other (011365/2025) [2025] ZALCJHB 106 (3 March 2025)
The Labour Court condoned non-compliance in an urgent salary dispute, interdicted unlawful withholding and deductions from remuneration, and varied the order to make no costs order.
Solidarity and Another v Jagersfontein Combined School and Others (JS1692/2022) [2024] ZALCJHB 477 (25 November 2024)
The Court found that although the settlement agreement was in writing and concluded in settlement of a dispute referred to the Labour Court, it was not unambiguous or unequivocal. There was a material dispute regarding the amount due to Ms van Pletsen and the Respondents' obligation to pay the full amount stated in the agreement. The Respondents had filed a counterclaim seeking rectification or voiding of the agreement on grounds of mistake. The existence of this dispute meant the settlement agreement could not be made an order of court under section 158(1)(c) of the LRA. The Applicants faile…
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Ngcaba v Commission for Conciliation, Mediation and Arbitration (C214/2022) [2024] ZALCCT 44 (9 October 2024)
The Labour Court held that Ngcaba was entitled to be paid at the 80th percentile of salary level P06. His tacit-term claim failed, but the wage agreement claim succeeded.
Jabu and Others v Gauteng Department Of Economic Development (JS89/18) [2024] ZALCJHB 93 (1 March 2024)
The Labour Court dismissed a claim for retrospective salary increases, holding that the dispute was one of mutual interest outside its jurisdiction.
Rabothatha and Others v Sun International Limited and Another (52365/2020) [2023] ZAGPPHC 1969 (23 November 2023)
The High Court dismissed employees’ claims over revoked performance-based pay increases, holding the increases fell outside the collective agreement and were unenforceable.
Mokgata and Others v Minister of the Department of Defence and Military Veterans and Others [2023] ZAGPPHC 207; 58708/2020 (13 March 2023)
The High Court dismissed a review by Reserve Force members challenging SAMHS rotational call-up decisions, claimed permanent employment, and salary deductions.
Holywood Sportsbook Gauteng v Commission for Conciliation, Mediation and Arbitration and Others (JR 344/22) [2023] ZALCJHB 245 (7 March 2023)
Unopposed review of a CCMA award was granted after the Labour Court found the commissioner’s order for payment of part of salary was unsupported by the evidence.
Southern Sun Hotels Interests (PTY) LTD v South African Commercial Catering and Allied Workers Union (JA136/2021) [2022] ZALAC 120; (2023) 44 ILJ 505 (LAC) (15 November 2022)
The Labour Appeal Court held that Southern Sun’s lock-out was unprotected because it sought to vary wages fixed by a binding collective agreement.
Nxazonke v Commission for Conciliation, Mediation and Arbitration and Others (J1138/2022) [2022] ZALCJHB 366 (5 October 2022)
Urgent Labour Court application for salary corrections, repayment of deductions, reinstatement and interdictory relief failed for lack of urgency and jurisdiction.
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