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South Africa decisions
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Lemley v Commission for Conciliation Mediation and Arbitration and Others (P 32/12) [2013] ZALCPE 7 (17 April 2013)
The Labour Court held that withdrawing a CCMA dispute before a merits decision does not bar a fresh referral, and it reviewed the jurisdiction rulings.
Scallan v Cadbury (Pty) Ltd (1232/05) [2007] ZAECHC 59; (2008) 29 ILJ 600 (SE) (28 August 2007)
The court found that the plaintiff was an affected employee as defined in the addendum to the retrenchment guidelines, as his position was eliminated due to the restructuring. The evidence showed that the plaintiff acted on the basis of the retrenchment notice and that Cadbury accepted his status as an affected employee. The court held that the retrenchment process resulted in a consensual termination of the employment relationship upon agreed terms, entitling the plaintiff to the severance package. However, the plaintiff was not entitled to the pro rata AIP bonus, as his employment terminate…
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Erasmus and Others v Ekurhuleni Metropolitan Municipality and Others (40292/2005) [2006] ZAGPHC 210 (29 May 2006)
The court dismissed an exception to a claim for redundancy and severance benefits, holding that the pleadings could reasonably support contractual relief.
Wilsthire and Others v University of the North (J1814/03) [2005] ZALC 94; [2006] 1 BLLR 82 (LC); (2005) 26 ILJ 2440 (LC) (20 October 2005)
The court found that the applicants had accepted the respondent's offer of voluntary retrenchment and severance benefits in accordance with the prescribed procedures, thereby concluding a binding agreement. The respondent's subsequent attempt to withdraw the offer was invalid, as confirmed by previous judgments in Franks v University of the North and University of the North v Franks and Others. The Labour Court had jurisdiction to grant specific performance in contractual employment matters, and the applicants' continued employment after the purported withdrawal did not constitute abandonment…
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