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South Africa decisions
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NEHAWU obo Mdliva v National Zoological Gardens of SA and Others (JS274/21) [2024] ZALCJHB 469 (26 November 2024)
The Labour Court dismissed an unfair discrimination claim over pay disparity, finding the employer’s explanation for the different salaries rational and justifiable.
Dlamini v City of Tshwane Metropolitan Municipality (J944/20) [2023] ZALCJHB 192 (19 June 2023)
The Labour Court dismissed an application to make an arbitration award an order of court, finding the employer had already complied and costs should follow.
City of Cape Town v Nevin and Others (C 445/2019; C447/2019) [2022] ZALCCT 29; [2022] 11 BLLR 1016 (LC) (3 June 2022)
The court held that Nevin’s claim was based on an omission at the inception of his employment, not a continuous unfair labour practice. The ongoing consequences of the initial omission did not render the act continuous for purposes of referral time limits. Nevin became aware of the alleged unfair labour practice in July 2016 but only referred the dispute in September 2018, resulting in a delay of 23 months. The explanation for the delay was found inadequate, as Nevin chose not to pursue his claim while awaiting the outcome of other internal processes. The court found that the arbitrator erred…
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Police and Prison Civil Rights Unions and Others v National Commissioner of South African Police Service (JS 136/16) [2022] ZALCJHB 73 (22 March 2022)
The court found that while a differential in payment of the Scarce Skill Allowance existed, the applicants failed to establish that the additional eligibility requirements for the Internal Audit Department were arbitrary or unjustified. The rationale for the Allowance and its criteria was adequately explained by the SAPS, and the applicants did not prove that the exclusion amounted to unfair discrimination on an arbitrary ground as required by section 6(4) of the Employment Equity Act. The court accepted the respondent's evidence that the Allowance was designed to retain scarce skills and tha…
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SA Nuclear Energy Corporation v Commission for Conciliation, Mediation and Arbitration and Others (JR963/2016) [2018] ZALCJHB 108 (15 March 2018)
The court found that the CCMA lacked jurisdiction to arbitrate the dispute as the salary increases in question arose from collective bargaining and not from a right or benefit as contemplated by the Labour Relations Act. The commissioner misconstrued the nature of the dispute and failed to address the employer's submissions, resulting in a perception of bias and a denial of a fair hearing. The quality check process further compromised the independence of the award. The arbitration award was therefore vitiated by gross irregularity and was not one that a reasonable decision-maker could reach.…
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Pelindaba Workers Union obo Members v Commission for Conciliation, Mediation and Arbitration (CCMA) and Others (JR868/16) [2018] ZALCJHB 69 (21 February 2018)
Labour Court review dismissed: the CCMA ruling on salary increases was upheld and the court found no reviewable irregularity.
Johannesburg Water (SOC) Limited v Commission for Conciliation, Mediation and Arbitration and Others (JR428/16) [2018] ZALCJHB 38; (2018) 39 ILJ 845 (LC) (8 February 2018)
The Labour Court held that the issue of condonation for late referral was not raised during arbitration and, in line with established authority, does not affect the CCMA's jurisdiction unless the certificate of outcome is set aside. The court found that the Remuneration Policy entitled qualifying employees to performance bonuses if both individual and organisational benchmarks were met. Mr Tavaria met these criteria, and the Board's decision to exclude grades 27 to 29 was arbitrary, capricious, and inconsistent with the policy. The commissioner correctly found that the employer's conduct cons…
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Sekhute and Others v Ekhuruleni Housing Company SOC (J1862/17) [2017] ZALCJHB 318 (5 September 2017)
Urgent Labour Court application over salary deductions for alleged payroll overpayments was dismissed. The court held section 34(5) of the BCEA permitted recovery without consent.
Vermooten v Department of Public Enterprises and Others (JA91/2015) [2016] ZALAC 63; (2017) 38 ILJ 607 (LAC); [2017] 6 BLLR 606 (LAC) (14 December 2016)
The Labour Appeal Court held that a valid consultancy agreement, freely chosen and not a sham, meant Dr Vermooten was not an employee of the Department.
South African Municipal Workers Union and Another v Nelson Mandela Bay Municipality (P483/11) [2015] ZALCPE 70; (2016) 37 ILJ 1203 (LC); [2016] 2 BLLR 202 (LC) (24 November 2015)
The court found that although there were disparities in remuneration and grading among assistant directors in the Human Settlement Directorate, the evidence did not establish that the differentiation was causally linked to Ms Tetyana's gender. Both male and female assistant directors were appointed at grade 15, and salary disparities were attributed to administrative anomalies and prior employment history, not gender. The applicants failed to demonstrate that being female was the reason for the less favourable treatment. The court held that a mere allegation of discrimination is insufficient;…
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