South Africa Case Law

Solidarity obo Members v Sahara African Living (Pty) Ltd - Application For Leave to Appeal (JS829/21)

Solidarity obo Members v Sahara African Living (Pty) Ltd - Application For Leave to Appeal (JS829/21) [2024] ZALCJHB 245 (24 June 2024)

Court

Labour Court Johannesburg

Case number

JS829/21

Judge

M Makhura

The court found that the respondent had conceded to unilaterally changing the terms and conditions of employment for Steyn and Clark, which was fatal to its case. There were no conflicting judgments on the issue, and the respondent's grounds for appeal lacked merit. The respondent's case regarding the unfair retrenchment dispute was found to be hopeless both on the facts and applicable legal principles. The claim for notice pay was similarly without merit. The court concluded that there were no reasonable prospects of success on appeal and no compelling reason for the appeal to be heard. Acco…

Source excerpt

• Breach Of Contract
• Unfair Dismissal
• Notice Pay
• Leave To Appeal
• Retrenchment Dispute

MEWUSA obo Mahatola and Others v F and J Electrical (JS1002/09)

MEWUSA obo Mahatola and Others v F and J Electrical (JS1002/09) [2016] ZALCJHB 381 (4 October 2016)

Court

Labour Court Johannesburg

Case number

JS1002/09

Judge

Lagrange

The Labour Court dismissed leave to appeal against a refusal of condonation for a late retrenchment referral, finding no reasonable prospect of success.

• Condonation For Late Referral
• Retrenchment Dispute
• Prospects Of Success
• Leave To Appeal
• Labour-law
• Condonation

NUMSA and Others v Paint and Ladders (Pty) Ltd and Another (J4106/00)

NUMSA and Others v Paint and Ladders (Pty) Ltd and Another (J4106/00) [2016] ZALCJHB 127 (18 March 2016)

Court

Labour Court Johannesburg

Case number

J4106/00

Judge

Whitcher

The Labour Court dismissed a long-delayed unfair dismissal claim, finding the applicants failed to prosecute it timeously and diligently.

• Unfair Dismissal
• Retrenchment Dispute
• Want Of Prosecution
• Rule 11 Application
• Delay In Litigation
• Want-of-prosecution

St. Helena Gold Mines Limited and Another v National Union of Mine Workers and Others (J 2285/99)

St. Helena Gold Mines Limited and Another v National Union of Mine Workers and Others (J 2285/99) [1999] ZALC 109 (22 July 1999)

Court

Labour Court

Case number

J 2285/99

Judge

Basson

The Labour Court granted leave to appeal after finding a reasonable prospect that another court might differ on a key factual dispute about the strike’s cause.

• Strike Action
• Retrenchment Dispute
• Leave To Appeal
• Factual Dispute Resolution
• Leave-to-appeal
• Strike-action