South Africa Case Law

Jeftha v Public Health and Social Development Sectoral Bargaining Council and Others (C147/2022)

Jeftha v Public Health and Social Development Sectoral Bargaining Council and Others (C147/2022) [2024] ZALCCT 42 (6 September 2024)

Court

Labour Court Cape Town

Case number

C147/2022

Judge

De Wet

The Labour Court set aside a jurisdictional ruling in a benefits dispute and remitted the unfair labour practice matter for fresh arbitration before a different arbitrator.

• Unfair Labour Practice
• Benefits Dispute
• Jurisdictional Ruling
• Remuneration Package
• Pension Fund Contributions
• Unfair-labour-practice

Nash v Golden Dumps (Pty) Ltd. (44/85)

Nash v Golden Dumps (Pty) Ltd. (44/85) [1985] ZASCA 6; [1985] 2 All SA 161 (A) (27 March 1985)

Court

Supreme Court of Appeal

Case number

44/85

Judges

Corbett, Miller, Hoexter, Van Heerden, Nicholas

The Supreme Court of Appeal found that the letter of 19 September 1980 constituted both an employment contract and a separate mandate, with Nash's entitlement to 200 000 shares contingent upon the successful conclusion of negotiations abroad to secure working capital for the merger. Nash fulfilled this mandate by introducing Laing and Cruickshank, resulting in the underwriting agreement and rights issue. The Court held that the share option was not merely part of Nash's remuneration package but a reward for carrying out the mandate. The employment contract and the mandate were legally separab…

Source excerpt

• Share Option Agreement
• Contractual Mandate
• Repudiation
• Remuneration Package
• Accrued Rights
• Employment Contract