Mncwati and Others v King Sabata Dalindyebo Local Municipality (5448/2021) [2023] ZAECMHC 44 (22 August 2023)
Court
Eastern Cape High Court, Mthatha
Case number
5448/2021
Judge
T.V. Norman
The court held that the municipality must reflect the agreed 6% shift allowance rate on applicants’ payslips, but refused to interfere with salary calculation under the collective agreement.
Makume v Hakinen Transport CC, Moyi v Inkhunzi Contractors (Pty) Ltd, Shashape v Tswaing Local Municipality (J33/10, J732/10, J427/10) [2010] ZALC 208; (2011) 32 ILJ 928 (LC) (12 November 2010)
Court
Labour Court
Case number
J33/10, J732/10, J427/10
Judge
K S Tip
The Labour Court does not have jurisdiction as a forum of first instance to enforce non-monetary compliance claims under the BCEA, such as the provision of certificates of service or remuneration particulars. These claims must be pursued through the Department of Labour's inspectorate and the enforcement mechanisms set out in Chapter Ten of the BCEA. However, monetary claims for amounts due under the BCEA may be brought directly before the Labour Court, which has concurrent jurisdiction with civil courts. Where monetary claims are accompanied by non-monetary claims, the Court may dispose of b…
Makume v Hakinen Transport CC; In Re: Moyi v Imkhunzi Contractors (Pty); In Re: Ltd v Shashape v Tswaing Local Municipality (J33/10, J732/10, J427/10) [2010] ZALCJHB 330 (12 November 2010)
Court
Labour Court Johannesburg
Case number
J33/10, J732/10, J427/10
Judge
K S Tip
The Labour Court does not have jurisdiction as a forum of first instance to enforce non-monetary compliance issues under the BCEA, such as certificates of service or remuneration particulars, except in extraordinary circumstances or where such claims are joined with monetary claims. The statutory enforcement mechanisms in Chapter Ten of the BCEA must be followed for non-monetary complaints. However, monetary claims under the BCEA may be brought directly before the Labour Court, which has concurrent jurisdiction with civil courts. Costs orders must be proportionate to the quantum of the claim,…
