South Africa Case Law

North West Provincial Legislature and Another v National Education Health and Allied Workers Union obo 158 Members (JA17/22)

North West Provincial Legislature and Another v National Education Health and Allied Workers Union obo 158 Members (JA17/22) [2023] ZALAC 12; [2023] 8 BLLR 745 (LAC); (2023) 44 ILJ 1919 (LAC) (21 June 2023)

Court

Labour Appeal Court

Case number

JA17/22

Judges

Sutherland, Musi, Savage

Section 34 of the BCEA applies to all deductions from remuneration, including those arising from the no work no pay principle. The employer may withhold remuneration for services not rendered during a strike, but once remuneration is paid, any recovery must comply with section 34, requiring agreement or adjudication. The principle of no work no pay does not constitute a law permitting unilateral deductions under section 34(1)(b). There is no conflict between the BCEA and LRA in this context. The doctrine of set-off does not apply where the extent of indebtedness is disputed and not liquidated…

Source excerpt

• Deductions From Remuneration
• No Work No Pay
• Self Help Prohibition
• Set Off
• Section 34 Bcea
• Strike Action

O`Reilly v Commission for Conciliation, Mediation and Arbitration, Johannesburg and Others (JR2395/19)

O`Reilly v Commission for Conciliation, Mediation and Arbitration, Johannesburg and Others (JR2395/19) [2022] ZALCJHB 33 (28 February 2022)

Court

Labour Court Johannesburg

Case number

JR2395/19

Judge

VG Mkwibiso

The applicant failed to establish constructive dismissal as she did not exhaust alternative remedies available to her, such as lodging a grievance or approaching a competent court regarding the alleged unlawful deductions. The intolerability threshold was not met, as her resignation was not directly triggered by the deductions but occurred during the disciplinary hearing. The CCMA lacked jurisdiction to determine the claim for breach of section 34(1) of the BCEA, as such matters fall within the exclusive jurisdiction of the Labour Court. Consequently, the review application was dismissed, and…

Source excerpt

• Constructive Dismissal
• Automatically Unfair Dismissal
• Unlawful Deductions
• Ccma Jurisdiction
• Section 34 Bcea
• Review Of Arbitration Award

Kekana v Railway Safety Regulator (JS468/19)

Kekana v Railway Safety Regulator (JS468/19) [2021] ZALCJHB 395 (13 October 2021)

Court

Labour Court Johannesburg

Case number

JS468/19

Judge

Moshoana

The Labour Court found Kekana’s dismissal automatically unfair for protected disclosures, ordered reinstatement, and held that a R7000 deduction was unlawful.

• Automatically Unfair Dismissal
• Protected Disclosure
• Breach Of Employment Contract
• Unlawful Salary Deduction
• Section 34 Bcea
• Reinstatement

Amalungelo Workers' Union and Others v Philip Morris South Africa (Pty) Limited and Another (CCT20/18)

Amalungelo Workers' Union and Others v Philip Morris South Africa (Pty) Limited and Another (CCT20/18) [2019] ZACC 45; 2020 (2) BCLR 125 (CC); [2020] 3 BLLR 225 (CC); (2020) 41 ILJ 863 (CC) (26 November 2019)

Court

Constitutional Court

Case number

CCT 20/18

Judges

Mogoeng, Froneman, Jafta, Khampepe, Madlanga, Mathopo, Mhlantla, Theron, Victor

The Constitutional Court held that section 77(1) of the Basic Conditions of Employment Act confers exclusive jurisdiction on the Labour Court in respect of all matters arising from the Act, except where the Act itself provides otherwise. The Court found that there is no provision in the Basic Conditions of Employment Act requiring disputes to be referred to a labour inspector before approaching the Labour Court. The functions of labour inspectors are administrative and do not include dispute resolution. The Labour Court erred in concluding that it lacked jurisdiction to entertain the applican…

Source excerpt

• Basic Conditions Of Employment Act
• Labour Court Jurisdiction
• Unlawful Salary Deductions
• Section 34 Bcea
• Access To Court
• Interpretation Of Statutes

Mpanza and Another v Minister of Justice and Constitutional Development and Correctional Services and Others (JS708/14)

Mpanza and Another v Minister of Justice and Constitutional Development and Correctional Services and Others (JS708/14) [2017] ZALCJHB 48; (2017) 38 ILJ 1675 (LC); [2017] 10 BLLR 1062 (LC) (31 January 2017)

Court

Labour Court Johannesburg

Case number

JS708/14

Judge

Cele

Labour Court dismissed a challenge to salary deductions, holding the applicants had not regularly tendered their services and the Department lawfully applied no-work-no-pay.

• No Work No Pay
• Salary Deductions
• Section 34 Bcea
• Section 15 Psa
• Breach Of Employment Contract
• No-work-no-pay

City of Johannesburg v South African Municipal Workers Union obo Motaung and Others (J618/14)

City of Johannesburg v South African Municipal Workers Union obo Motaung and Others (J618/14) [2014] ZALCJHB 73 (19 March 2014)

Court

Labour Court Johannesburg

Case number

J618/14

Judge

Ngcukaitobi

The Labour Court refused a stay of execution of an arbitration award because no review had been brought and the applicant gave no reasonable explanation for the delay.

• Stay Of Execution
• Arbitration Award Enforcement
• Unfair Labour Practice
• Review Application Delay
• Section 143 Lra
• Section 34 Bcea