South Africa Case Law

Briers and Another v Dr J Bruwer and Associates No 78 Inc and Others (19726/2023)

Briers and Another v Dr J Bruwer and Associates No 78 Inc and Others (19726/2023) [2025] ZAWCHC 223 (27 May 2025)

Court

Western Cape High Court, Cape Town

Case number

19726/2023

Judge

Nuku

The High Court dismissed a section 163 oppression claim, holding that the consultancy agreements allowed termination on 30 days’ notice and no unfair prejudice was proved.

• Oppressive Conduct
• Minority Shareholder Rights
• Section 163 Companies Act
• Termination Of Consultancy Agreement
• Remuneration Disputes
• Share Transfer Mechanisms

Phasha v Pandora Jewellery South Africa (Pty) Ltd (C91/2022)

Phasha v Pandora Jewellery South Africa (Pty) Ltd (C91/2022) [2025] ZALCCT 21; [2025] 6 BLLR 627 (LC) (7 April 2025)

Court

Labour Court Cape Town

Case number

C91/2022

Judge

R G Lagrange

The Labour Court dismissed a claim for unpaid bonus commission, finding the stated sales target was plainly erroneous and could not prove entitlement.

• Remuneration Disputes
• Bonus Commission
• Contractual Entitlement
• Costs Award
• Bonus-commission
• Remuneration-disputes

KSD Employees - Traffic Officers v King Sabata Dalindyebo Local Municipality (KSD) - Judgment on Appeal (CA76/2022)

KSD Employees - Traffic Officers v King Sabata Dalindyebo Local Municipality (KSD) - Judgment on Appeal (CA76/2022) [2023] ZAECMHC 54 (31 October 2023)

Court

Eastern Cape High Court, Mthatha

Case number

CA76/2022

Judges

Rugunanan, Rusi, Potgieter

Appeal dismissed where traffic officers failed to prove their employment contracts and a claimed Sunday/public holiday pay reduction.

• Employment Contracts
• Remuneration Disputes
• Motion Proceedings
• Basic Conditions Of Employment Act
• Employment-contracts
• Remuneration-disputes

Public Servants Association of South Africa obo Nkukwana and Others v Minister of Justice and Constitutional Development and Others (J1434/2017)

Public Servants Association of South Africa obo Nkukwana and Others v Minister of Justice and Constitutional Development and Others (J1434/2017) [2019] ZALCJHB 37 (5 March 2019)

Court

Labour Court Johannesburg

Case number

J1434/2017

Judge

C Beckenstrater

The Labour Court held that a ministerial letter validly countermanded an earlier employment decision on post titles and remuneration. The application was dismissed.

• Public Service Act
• Occupation Specific Dispensation
• Translation Of Posts
• Remuneration Disputes
• Ministerial Powers
• Labour-law

Kidrogen (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (C814/2016)

Kidrogen (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (C814/2016) [2018] ZALCCT 27; (2018) 39 ILJ 2560 (LC) (1 August 2018)

Court

Labour Court Cape Town

Case number

C814/2016

Judge

Lagrange

Labour Court review of an award finding unfair dismissal for dishonesty and procedural bias. The court set aside the substantive unfairness finding and upheld procedural unfairness.

• Unfair Dismissal
• Dishonesty In Employment
• Remuneration Disputes
• Procedural Fairness
• Parole Evidence Rule
• Unfair-dismissal

Solidarity and Others v Denel (SOC) Ltd (JS241/11)

Solidarity and Others v Denel (SOC) Ltd (JS241/11) [2017] ZALCJHB 107 (24 March 2017)

Court

Labour Court Johannesburg

Case number

JS241/11

Judge

E Tlhotlhalemaje

The Court found that Policy 53 of 2007 was valid, properly communicated, and applicable to all employees, including the applicants. The remuneration adjustment letters could not be read in isolation from the policy. The applicants were aware, or ought to have been aware, of the requirement to be employed at the time of bonus payout. As they had resigned before the bonus was approved and paid, they did not meet all conditions for entitlement. The exclusionary clauses in Policy 53 were binding, and no written exceptions were made. The applicants' alternative arguments failed, as the policy gove…

Source excerpt

• Variable Pay Incentive Scheme
• Contractual Terms Of Employment
• Unilateral Change Of Conditions
• Performance Management
• Remuneration Disputes

Walter Sisulu University v Commission for Conciliation, Mediation and Arbitration and Others (P274/12)

Walter Sisulu University v Commission for Conciliation, Mediation and Arbitration and Others (P274/12) [2015] ZALCPE 45 (5 November 2015)

Court

Labour Court Port Elizabeth

Case number

P274/12

Judge

Lallie

The CCMA lacked jurisdiction to arbitrate a dispute concerning the grade and remuneration of the fourth respondent, as such matters fall outside the ambit of section 186(2)(a) of the Labour Relations Act. The commissioner exceeded his powers by determining a dispute regarding salary and job level, rendering the award reviewable. Furthermore, the failure of the parties to lead oral evidence or present a stated case constituted a gross irregularity, necessitating the setting aside of the award. The subsequent variation award issued by the commissioner, quantifying amounts not placed before him…

Source excerpt

• Ccma Jurisdiction
• Unfair Labour Practice
• Remuneration Disputes
• Arbitration Review
• Gross Irregularity

Public Investment Corporation Ltd v Bodigelo (128/2013)

Public Investment Corporation Ltd v Bodigelo (128/2013) [2013] ZASCA 156 (22 November 2013)

Court

Supreme Court of Appeal

Case number

128/2013

Judges

Lewis, Tshiqi, Majiedt, Pillay, Swain

The Supreme Court of Appeal held that Bodigelo failed to prove entitlement to directors’ fees paid to PIC, and reinstated dismissal of his claim.

• Directors Fees
• Employment Contracts
• Onus Of Proof
• Agency Relationship
• Remuneration Disputes
• Directors-fees

Davis v False Bay College (Westlake Campus) (C 139/11)

Davis v False Bay College (Westlake Campus) (C 139/11) [2013] ZALCCT 9 (30 April 2013)

Court

Labour Court Cape Town

Case number

C 139/11

Judge

Van Niekerk

The Labour Court dismissed a lecturer’s claim for underpayment and upheld the college’s counterclaim for alleged overpayments, finding she was on fixed-term contracts.

• Employment Contracts
• Remuneration Disputes
• Collective Agreements
• Unfair Discrimination
• Labour-law
• Employment-contracts

Transman (Pty) Ltd v South African Post Office Ltd and another (778/2011)

Transman (Pty) Ltd v South African Post Office Ltd and another (778/2011) [2012] ZASCA 145; [2013] 1 All SA 78 (SCA) (28 September 2012)

Court

Supreme Court of Appeal

Case number

778/2011

Judges

Brand, Ponnan, Tshiqi, Petse, Southwood

The Supreme Court of Appeal dismissed Transman’s appeal, holding that the contract did not establish an enforceable allowance for BCEA benefits on the evidence.

• Contract Interpretation
• Remuneration Disputes
• Basic Conditions Of Employment Act
• Prescription Of Claims
• Expert Evidence
• Contract-interpretation