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South Africa decisions
Decisions matching the current search
Khumalo v MEC: Mpumalanga Department of Education (JR1144/20) [2024] ZALCJHB 235 (21 February 2024)
The Labour Court dismissed a review of a deemed dismissal under section 14(1)(a) of the Employment of Educators Act, finding no adequate basis for review.
Department of Home Affairs v Maloyi NO and Others (JR2377/19) [2023] ZALCJHB 131 (11 May 2023)
The Labour Court dismissed a review of an arbitration award for lack of jurisdiction because it was filed late, with no condonation application, and section 158(1)(g) could not be used to bypass section 145.
Super Group Trading (PTY) Ltd t/a, Supergroup Dealerships t/a, Orbit Commercial Vehicles Cape Town v NUMSA and Others (C06/2021) [2022] ZALCCT 43 (22 July 2022)
The Labour Court reviewed and set aside a postponement ruling in an unfair dismissal arbitration, finding it unreasonable and substituting dismissal of the dispute.
Nomsenge v Member of the Executive Council for the Department of Education, Eastern Cape Provincial Government and Others (J 230/2020) [2022] ZALCJHB 41 (8 March 2022)
The Labour Court ordered correction of pension records for an educator's proven service periods, but excluded an unproven study-leave period.
NEHAWU obo Matshexana and Others v Department of Higher Education and Others (P09/20) [2021] ZALCPE 14 (8 December 2021)
The court found that the applicants' suspension had been formally lifted prior to the arbitration award and that they had reported for duty as instructed. The applicants failed to prove non-compliance with the award, as the conduct complained of after the upliftment of suspension did not fall within the scope of section 158(1)(c) of the LRA. The application to make the arbitration award an order of court was therefore dismissed, as its purpose is to enforce awards where there is non-compliance, which was not established in this case.
Source excerpt
Elias and Others v Morifi and Others (J1246/21) [2021] ZALCJHB 350; (2022) 43 ILJ 382 (LC) (15 October 2021)
The Labour Court dismissed an urgent challenge to PAWUSA NEC decisions, holding that the dispute was between union office-bearers and fell outside its jurisdiction.
Balsdon v Valley Macadamias Group (Pty) Ltd (J 2258/2019) [2021] ZALCJHB 65 (28 May 2021)
Labour Court refused to make a settlement agreement an order of court under section 158(1)(c) because it did not arise from a justiciable LRA dispute.
Matutu v Bargaining for the Meat and Trade (Gauteng) and Others (JR499/2017) [2020] ZALCJHB 11 (29 January 2020)
The Labour Court refused condonation for a late review of an unfair dismissal ruling, finding a ten-month delay was excessive and inadequately explained.
IMATU obo Nathan v Polokwane Local Municipality (J846/2017) [2019] ZALCJHB 290; (2020) 41 ILJ 937 (LC) (18 October 2019)
The Labour Court condoned a late answering affidavit and made a signed grievance settlement order of court under section 158(1)(c) of the LRA.
Xaba and Others v I G Tooling & Light Engineering (Pty) Ltd and Others (JR 200/16) [2018] ZALCJHB 395; (2019) 40 ILJ 638 (LC) (28 November 2018)
The Labour Court dismissed a challenge to a retrenchment settlement agreement, held section 158(1)(g) review was incompetent, and ordered costs de bonis propriis.
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