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South Africa decisions
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Choane v Skinner N.O and Others (JR1188/16) [2025] ZALCJHB 92 (5 March 2025)
The Labour Court dismissed a review of an arbitration award, holding that the applicant failed to prove an unfair labour practice or any reviewable irregularity.
RFS Administrator v Samons and Others (JA114/22) [2024] ZALAC 10; [2024] 7 BLLR 722 (LAC); (2024) 45 ILJ 2013 (LAC) (11 April 2024)
The Labour Appeal Court held that the respondents remained RFS employees, but the bonus payments were not secret profits and no contractual damages were proved.
RFS Administrators (PTY) LTD v Samons and Others (JS 641/17) [2022] ZALCJHB 110 (30 August 2022)
The court found that the applicant failed to prove the existence of an employment contract with the respondents at the time the bonus payments were made. The evidence established that the respondents' employment with the applicant had terminated when they were appointed by the Funds, and any subsequent remuneration or HR arrangements were governed by the Funds, not the applicant. The HR Policy and its addendum did not apply to the respondents, as there was no employer-employee relationship with the applicant. The payments received by the respondents were not secret profits, but bonuses paid b…
Source excerpt
The majority held that the applicant agreed, on the facts and through his conduct, to ISS becoming his employer by 31 December 2005, so Unizul was no longer obliged to pay his salary in June 2008; the Labour Appeal Court's dismissal of the claim was therefore upheld and leave to appeal was refused with costs.
Source excerpt
Mogoera-Leepile and Others v Free State Gambling and Liquor Authority and Another (2023/2012) [2013] ZAFSHC 184 (24 October 2013)
The court dismissed a motion for specific performance under a migration and placement agreement, finding the applicants were seconded employees, not employees of the respondent authority.
South African Democratic Teachers Union and Another v Education Labour Relations Council and Others (JR 2575/09) [2012] ZALCJHB 155 (6 December 2012)
The Labour Court dismissed a review of an arbitration award, finding no unfair labour practice where a seconded educator was not automatically appointed to a higher post.
Ndaba v Department of Communications (JS 925/2010) [2012] ZALCJHB 41 (11 May 2012)
The Labour Court held that the purported secondment contract was a simulation and unenforceable, dismissing Ndaba’s claim for payment of the unexpired term.
HOSPERSA and Others v MEC For Health Western Cape and Others (C37/2011) [2011] ZALCCT 72 (9 February 2011)
Urgent interim interdict granted to keep two union shop stewards seconded pending arbitration over Resolution 1 of 2003.
Kleinhans v Parmalat S.A. (Pty) Ltd (P151/01) [2002] ZALC 57; [2002] 9 BLLR 879 (LC); (2002) 23 ILJ 1418 (LC) (27 June 2002)
The Labour Court held that Parmalat S.A. was the applicant’s employer, that South African law and jurisdiction applied, and that conciliation was not required.
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