South Africa Case Law

MEC for Health, Western Cape v Coetzee and Others (CCT137/19)

MEC for Health, Western Cape v Coetzee and Others (CCT137/19) [2020] ZACC 3; (2020) 41 ILJ 1303 (CC); 2020 (6) BCLR 674 (CC) (20 March 2020)

Court

Constitutional Court

Case number

CCT 137/19

Judges

Khampepe, Froneman, Jafta, Madlanga, Majiedt, Mathopo, Mhlantla, Theron, Tshiqi, Victor

The Constitutional Court held that the respondents, as Principal and Chief Specialists in public hospitals, were employed on the fixed establishment of the Department and thus qualified as public servants within the meaning of the Labour Relations Act and Public Service Act. The collective agreement on the scarce skills allowance was negotiated for their benefit and binds the applicant as employer and the relevant trade unions, including SAMA acting jointly with DENOSA. The applicant's arguments regarding trade union membership, employment status, and scope of the Bargaining Council were reje…

Source excerpt

• Collective Agreements
• Scope Of Bargaining Council
• Public Service Definition
• Scarce Skills Allowance
• Trade Union Membership
• Leave To Appeal

Nelson Mandela Bay Municipality v Arbitrator Fouche NO and Others (P241/17)

Nelson Mandela Bay Municipality v Arbitrator Fouche NO and Others (P241/17) [2019] ZALCPE 22 (2 December 2019)

Court

Labour Court Port Elizabeth

Case number

P241/17

Judge

Tlhotlhalemaje

The Labour Court set aside an award granting scarce skills allowances to two municipal employees, holding the collective agreement displaced any entitlement.

• Unfair Labour Practice
• Collective Agreement
• Scarce Skills Allowance
• Municipal Employment
• Review Of Arbitration Award
• Unfair-labour-practice

MEC for the Department of Health, Western Cape v Coetzee and Others (CA5/2018)

MEC for the Department of Health, Western Cape v Coetzee and Others (CA5/2018) [2019] ZALAC 48 (3 May 2019)

Court

Labour Appeal Court

Case number

CA5/2018

Judges

Coppin, Murphy, Savage

The Labour Appeal Court held that teaching-hospital specialists were within the bargaining council scope and entitled to a scarce skills allowance.

• Collective Agreement Interpretation
• Scope Of Bargaining Council
• Public Service Definition
• Scarce Skills Allowance
• Teaching Hospital Employment
• Trade Union Membership

South African Medical Association (SAMA) obo Linda v Department of Health: Eastern Cape and Others (P483/07)

South African Medical Association (SAMA) obo Linda v Department of Health: Eastern Cape and Others (P483/07) [2012] ZALCPE 1 (17 January 2012)

Court

Labour Court Port Elizabeth

Case number

P483/07

Judge

Molahlehi

The Labour Court dismissed a review of an arbitration award on the ground that the applicant failed to place a complete record before the court.

• Review Of Arbitration Award
• Scarce Skills Allowance
• Senior Management Service
• Failure To Provide Record
• Labour-law
• Arbitration-review