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)
Court
Labour Court Johannesburg
Case number
JR 200/16
Judge
Prinsloo
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.
Association of Mineworkers and Construction Union v Commission for Conciliation, Mediation and Arbitration and Others (JR2534/15) [2018] ZALCJHB 25; (2018) 39 ILJ 1303 (LC); [2018] 7 BLLR 656 (LC) (25 January 2018)
Court
Labour Court Johannesburg
Case number
JR2534/15
Judge
Nkutha-Nkontwana
The Labour Court held that threshold agreements such as the PLA and PA do not bar minority unions from requesting organisational rights under the LRA. The settlement agreement between AMCU and Murray & Roberts was concluded on the basis of a common mistake regarding AMCU's eligibility for organisational rights, influenced by an incorrect interpretation of the law. Both parties erroneously believed that AMCU had to comply with the collective agreements before exercising organisational rights, which is inconsistent with constitutional and statutory principles. Consequently, the settlement agree…
Scholtz v CCMA and Others (C675/2014) [2015] ZALCCT 45 (25 June 2015)
Court
Labour Court Cape Town
Case number
C675/2014
Judge
A J Steenkamp
The Labour Court dismissed a challenge to a CCMA settlement, finding no undue influence by the commissioner and no reviewable irregularity in his appointment.
