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South Africa decisions
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Paredes-Tarazona v Worley Parsons South Africa (Pty) Ltd (23347/2014) [2025] ZAGPJHC 753 (4 August 2025)
The High Court dismissed an employee’s claim after finding no contract with the defendant and no basis for estoppel, with costs awarded against him.
PSA obo Shanmugam and Others v Minister of Labour and Another (JR1679/23) [2025] ZALCJHB 199 (28 May 2025)
The Labour Court dismissed a contempt application, finding the applicants failed to prove non-compliance with a court order despite a settlement award and placement dispute.
Solidarity obo Heynemann v Prino Constructability and Projects (Pty) Ltd and Another (JS693/21) [2025] ZALCJHB 154 (14 April 2025)
The Labour Court dismissed a special plea based on compromise, finding unresolved disputes about a settlement agreement’s scope and alleged misrepresentation.
Element Six (Production) (Pty) Ltd v Solidarity and Others (JS568/22) [2025] ZALCJHB 109; (2025) 46 ILJ 1426 (LC) (19 March 2025)
The Labour Court upheld an exception to a pleading over post-retirement medical aid benefits, struck out the amended claim, but allowed amendment and made no costs order.
Steve Tshwete Local Municipality v Miyambu and Others (Application for Leave to Appeal) (002049/2025) [2025] ZALCJHB 103 (3 March 2025)
The Labour Court refused leave to appeal in a dispute about urgency, section 197 transfers, unpaid salaries, and a corrected order.
Schnellecke Logistics Parts and Accessories (Pty) Ltd v Schenker South Africa (Pty) Ltd and Others (2025/002629) [2025] ZALCJHB 83 (21 February 2025)
The Court found that the warehousing and operations management services provided by the applicant at MBSA's Parts Logistics Centre constitute a discrete business, not merely a service contract. The business comprises the use of MBSA's premises, equipment, IT systems, and workforce, forming an economic entity. The continuity of the scope of work, the transfer of assets and infrastructure, and the contractual provisions anticipating a section 197 transfer support the conclusion that the business is being transferred as a going concern. Schenker's assertion that it will use its own methods and w…
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Zeda Car Leasing (Pty) Ltd t/a Avis Fleet and Others v Perlee and Others (JA01/24) [2025] ZALAC 8 (10 February 2025)
The Labour Appeal Court found that the closure of Car Mall and the outsourcing of its functions to DealersOnline did not constitute a transfer of business as a going concern under section 197 of the Labour Relations Act. The evidence showed that no tangible or intangible assets, operating systems, or employees were transferred in a manner that would trigger section 197. DealersOnline provided its own infrastructure and services to Avis Fleet, and only a limited number of former Car Mall employees were recruited. The main, dominant and proximate cause of the respondents' dismissal was operatio…
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Styen v Business Connexion Group Limited (J1500/20) [2025] ZALCJHB 37; [2025] 5 BLLR 534 (LC) (7 February 2025)
The Court found that the transfer of UCS to BCX under section 197 of the LRA resulted in all terms and conditions of employment, including the agreed retirement age of 60 years, being transferred to BCX. The plaintiff's refusal to sign a new contract did not alter the legal position, and no amendment to the retirement age was agreed or effected. The promise of harmonisation to a retirement age of 65 years was not contractually binding and did not constitute a variation of the plaintiff's terms. The Court held that the plaintiff reached the agreed retirement age and her dismissal was fair unde…
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Miyambu and Others v Steve Tshwete Local Municipality and Another (2025/002049) [2025] ZALCJHB 40 (5 February 2025)
The Labour Court held that a licensing-function transfer triggered section 197, preserving the applicants’ employment and entitling them to unpaid salaries.
Malepe and Others v Mega Volt Loden Electrical (Pty) Ltd (JA42/23) [2025] ZALAC 6 (4 February 2025)
The Labour Appeal Court found that the Labour Court failed to exercise its discretion judicially in dismissing the condonation application. The Labour Court did not properly engage with the explanation for the delay, which was largely attributable to procedural confusion and contradictory rulings at the CCMA, nor did it evaluate the appellants' prospects of success or the interests of justice. The delay was not due to inactivity or negligence by the appellants but was compounded by the actions of the CCMA, NBCEI, and legal representatives. The Court held that the interests of justice, includi…
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