South Africa Case Law

Smart v Bytes Managed Solutions, A Division of Bytes Technology Group of South Africa (Pty) Ltd (JS986/10)

Smart v Bytes Managed Solutions, A Division of Bytes Technology Group of South Africa (Pty) Ltd (JS986/10) [2014] ZALCJHB 59 (10 March 2014)

Court

Labour Court Johannesburg

Case number

JS986/10

Judge

R Lagrange

The Labour Court refused to decide when interest on standby and overtime payments should run, holding that it was functus officio on issues outside the reserved quantum dispute.

• Overtime Pay
• Standby Allowance
• Interest On Awards
• Functus Officio
• Functus-officio
• Interest-on-awards

Goldfields Logistics (Pty) Ltd v Smith (JA 42/08)

Goldfields Logistics (Pty) Ltd v Smith (JA 42/08) [2010] ZALAC 33 (24 August 2010)

Court

Labour Appeal Court

Case number

JA 42/08

Judges

Waglay, Tlaletsi, Revelas

The Labour Appeal Court held that standby duties formed part of the respondent's contract of employment and that the appellant was entitled to require the respondent to perform such duties. The appellant was not obliged to negotiate a standby allowance, as this was not a term of employment and no other diesel mechanic received such an allowance. The appellant engaged in extensive consultations with the respondent and his union, and the process was found to be fair and meaningful. The deadlock over the quantum of the standby allowance did not render the dismissal unfair, as the appellant had d…

Source excerpt

• Dismissal For Operational Requirements
• Procedural Fairness
• Substantive Fairness
• Section 189 Consultation
• Standby Allowance
• Employment Terms

Polokwane Local Municipality v South African Local Government Bargaining Council and Others (JR 1843/05)

Polokwane Local Municipality v South African Local Government Bargaining Council and Others (JR 1843/05) [2008] ZALC 29; [2008] 8 BLLR 783 (LC) ; (2008) 29 ILJ 2269 (LC) (7 March 2008)

Court

Labour Court

Case number

JR 1843/05

Judge

Molahlehi

The Labour Court reviewed and set aside an award on unfair labour practice claims, holding the dispute was not arbitrable and the monetary claims had prescribed.

• Unfair Labour Practice
• Acting Allowance
• Standby Allowance
• Job Evaluation
• Prescription Of Claims
• Unfair-labour-practice