South Africa Case Law

Moodley v Eon Consulting (Pty) Ltd (JR968/16)

Moodley v Eon Consulting (Pty) Ltd (JR968/16) [2017] ZALCJHB 446 (28 November 2017)

Court

Labour Court Johannesburg

Case number

JR968/16

Judge

MC Mamosebo

The court found that the respondent failed to provide a reasonable and acceptable explanation for the substantial delay in filing its statement of response. The explanation offered was inadequate, did not cover the entire period of delay, and amounted to negligence and disregard for the court's rules. The court held that the applicant would be prejudiced if condonation were granted and that it would not be in the interests of justice to do so. Accordingly, the application for condonation was refused and costs were awarded against the respondent.

Source excerpt

• Condonation
• Unfair Dismissal
• Late Filing
• Prospects Of Success
• Prejudice
• Restructuring And Retrenchment

BIFAWU v South African Football Association and Another (J2986/2012)

BIFAWU v South African Football Association and Another (J2986/2012) [2013] ZALCJHB 200 (26 July 2013)

Court

Labour Court Johannesburg

Case number

J2986/2012

Judge

AC Basson

Urgent labour relief was refused because the union made no proper case for urgency and delayed without explanation, so the matter was struck from the roll.

• Urgent Interdict
• Automatic Unfair Dismissal
• Collective Agreement Interpretation
• Rule 8 Labour Court
• Restructuring And Retrenchment
• Urgent-interdict

National Education, Health & Allied Workers Union obo Members v National Home Builders Registration Council (J 1568/10)

National Education, Health & Allied Workers Union obo Members v National Home Builders Registration Council (J 1568/10) [2010] ZALC 119; (2011) 32 ILJ 365 (LC) (12 August 2010)

Court

Labour Court

Case number

J 1568/10

Judge

Lagrange

The Labour Court interdicts the employer’s new-post restructuring for 30 days and orders section 189 consultation to begin, finding consultation was due before placement decisions became final.

• Section 189 Consultation
• Collective Agreement Enforcement
• Urgent Interdict
• Procedural Fairness
• Placement Policy
• Restructuring And Retrenchment