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South Africa decisions
Decisions matching the current search
Sithole v Nogwaza and Others (D935/97) [1999] ZALC 114 (27 July 1999)
The Labour Court held that the CCMA was wrong to reject the referral, but the application failed because the dispute was referred unreasonably late.
Sajid v Mahomed NO and Others (D237/99) [1999] ZALC 190 (25 June 1999)
The Labour Court set aside a CCMA award, held the applicant’s suspension substantively unfair, and granted interdicts against further action based on pre-December 1998 conduct.
Louw v Golden Arrow Service (Pty) Ltd (C 37/97) [1999] ZALC 12; 2001 (1) SA 218 (LC) (2 February 1999)
The court found that the applicant failed to prove, on a balance of probabilities, that the jobs of buyer and warehouse supervisor were of equal value. Expert evidence established at least one Peromnes grade difference between the positions, justifying the salary differential. The applicant did not demonstrate that the wage gap was attributable to racial discrimination, either directly or indirectly. The court held that disproportionality in salaries was not proven, and no inference of unfair discrimination could be drawn. The burden of proof remained with the applicant, who did not discharge…
Source excerpt
Maas v Commission for Conciliation, Mediation and Arbitration and Others (J 3406/98) [1999] ZALC 3 (1 January 1999)
The Labour Court held that an applicant for employment alleging unfair discrimination fell within the Act’s extended definition of employee for this purpose, so the CCMA had to conciliate.
Gaylard v Telkom South Africa Ltd (C153/97) [1998] ZALC 13 (15 May 1998)
The Labour Court held it had no jurisdiction over a claim for accumulated leave pay under an individual employment contract and dismissed the matter.
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