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South Africa decisions
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Solidarity obo Van Schalkwyk v University of South Africa (JS668/24) [2025] ZALCJHB 239 (19 June 2025)
The Labour Court dismissed UNISA’s exception to a claim for unpaid incentive payments, finding the plaintiffs had adequately pleaded a contractual cause of action.
Jansen Van Vuuren v Heaven Sent Gold SA (Pty) Ltd and Another (JA 75/23; JA 76/23) [2025] ZALAC 21; [2025] 6 BLLR 569 (LAC) (17 March 2025)
The Labour Appeal Court held that only claims directly concerned with the employment contract, such as unpaid remuneration and accrued leave, fall within the Labour Court's jurisdiction under section 77(3) of the BCEA. Claims for independent contractor fees and medical aid contributions, which arose after termination of employment and were not linked to the employment contract, are not justiciable by the Labour Court. The settlement agreements contained both employment-related and non-employment-related claims, and each must be assessed separately for jurisdiction. The Labour Court correctly…
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Matlala v G4S Cash Solutions (Pty) Ltd (Application for Leave to Appeal) (JS165/2016) [2024] ZALCJHB 313 (20 June 2024)
The Labour Court granted leave to appeal on whether a contractual claim for backpay under section 77(3) of the BCEA was available, or whether contempt proceedings were required.
Olivier v MEC North West Provincial Government Department of Education and Sport Development and Others (J581/2022) [2024] ZALCJHB 185 (24 March 2024)
The Labour Court has jurisdiction to hear the applicant's claim for breach of contract under section 77(3) of the BCEA. The requirement to refer unfair dismissal disputes to a bargaining council under section 191 of the LRA does not preclude the applicant from approaching the Labour Court for contractual claims. The grievance procedure under the Employment of Educators Act is not mandatory and does not bar access to the Labour Court. The applicant's pleadings are based on breach of contract, not direct reliance on the BCEA, and therefore the jurisdictional challenges raised by the respondents…
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Makwela and Another v Dario Investments t/a Tembisa Superspar (2023-091028) [2023] ZAGPJHC 1136 (10 October 2023)
The court found that the applicants' contracts of employment were terminated by the respondent in breach of both contractual obligations and internal policy procedures. The respondent's denial of the existence of internal policy was contradicted by its own documentation and admissions. The court held that it had jurisdiction under section 77(3) of the BCEA, as the claim was framed as a breach of contract and not as an unfair dismissal under the LRA. The urgency was established by the applicants' demonstration of immediate and irreparable harm, and the application was brought within a reasonab…
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Khumalo and 50 Others v Emfuleni Municipality (J 1242/2020) [2022] ZALCJHB 260 (19 September 2022)
The court found that the settlement agreement did not meet the requirements for enforcement under section 158(1)(c) of the LRA, as there were significant ambiguities regarding the parties to the agreement, the nature of the dispute, and the terms of the agreement itself. The applicants failed to clearly articulate the basis of their claim and did not properly cite the individual applicants or establish locus standi. The claim under section 77(3) of the BCEA was not properly framed in contractual terms and was procedurally inappropriate for motion proceedings. Additionally, subsequent events s…
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Ngwenya v Sishen Iron Company (J 3581/18) [2022] ZALCJHB 173 (27 June 2022)
The Labour Court dismissed a motion under section 77(3) BCEA that was poorly pleaded and outside its jurisdiction in part, and ordered a show-cause process on costs.
Mutero v Pikitup Johannesburg (SOC) Ltd (J713/21) [2021] ZALCJHB 373 (22 October 2021)
The Labour Court upheld a special plea of prescription, finding the contractual damages claim had prescribed and that review proceedings did not interrupt prescription.
Dombo v City of Tshwane Metropolitain Municipality (JS628/19) [2020] ZALCJHB 26 (6 February 2020)
The Labour Court dismissed a municipal employee’s claim for lack of jurisdiction, holding that the dispute over notch increments was not linked to an employment contract under section 77(3) BCEA.
Gauteng Provincial Government and Others v Thelma (JS256/15) [2019] ZALCJHB 258 (28 August 2019)
The applicants' attempt to introduce a counterclaim by invoking Rule 28 of the Uniform Rules was procedurally improper, as the Labour Court Rules do not provide for counterclaims and Rule 28 is not available for this purpose. The correct procedure would have been to seek the respondent's agreement or leave of court to deliver a counterclaim as part of the statement of response, in accordance with Uniform Rule 24, which the applicants failed to do. Furthermore, the substance of the counterclaim amounted to a review of the applicants' own decision to extend the respondent's appointment, which s…
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