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South Africa Case Law

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Labour Law [2023] ZALCJHB 145

Feni v Pan South African Language Board (JS 629/2016)

Feni v Pan South African Language Board (JS 629/2016) [2023] ZALCJHB 145 (15 May 2023)

The Labour Court held that an order requiring amendment of a statement of claim was suspended pending appeal and petition, so the claim was not dismissed by operation of law.

  • Exception Procedure
  • Statement Of Claim Amendment
  • Operation Of Court Orders
  • Leave To Appeal
  • Costs Discretion
  • Labour-law
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Labour Law [2017] ZALCJHB 43

United National Transport Union v Operating Company (Pty) Ltd (J674/14)

United National Transport Union v Operating Company (Pty) Ltd (J674/14) [2017] ZALCJHB 43 (14 February 2017)

The Labour Court allowed UNTU to amend its statement of claim in an overtime dispute, finding the proposed amendment was not excipiable and did not plead a tacit agreement.

  • Statement Of Claim Amendment
  • Overtime Payment
  • Contractual Interpretation
  • Tacit Agreement Pleading
  • Labour-law
  • Statement-of-claim-amendment
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Labour Law [2014] ZALCJHB 6

Makhanye v South African Airways (JS 265/13)

Makhanye v South African Airways (JS 265/13) [2014] ZALCJHB 6 (6 January 2014)

The Labour Court dismissed an employee’s claim after he filed an amended statement of claim late, without condonation, and failed to cure defects found in an earlier exception.

  • Breach Of Employment Contract
  • Statement Of Claim Amendment
  • Exception Procedure
  • Damages In Contract
  • Condonation
  • Costs Award
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.