South Africa Case Law

DSV Road Logistics (Pty) Ltd v National Bargaining Council for the Road Freight and Logistics Industry and Others (JR1023/23)

DSV Road Logistics (Pty) Ltd v National Bargaining Council for the Road Freight and Logistics Industry and Others (JR1023/23) [2024] ZALCJHB 192 (6 May 2024)

Court

Labour Court Johannesburg

Case number

JR1023/23

Judge

RN Daniels

The Labour Court refused condonation for a late review of an enforcement award, finding the delay poorly explained and the prospects of success negligible.

• Condonation
• Enforcement Award
• Joinder
• Collective Agreement Compliance
• Temporary Employment Service
• Labour-relations-act

Mzukwa v Commission for Conciliation Mediation and Arbitration and Others (C276/2020)

Mzukwa v Commission for Conciliation Mediation and Arbitration and Others (C276/2020) [2024] ZALCCT 4; (2024) 45 ILJ 865 (LC); [2024] 4 BLLR 404 (LC) (25 January 2024)

Court

Labour Court Cape Town

Case number

C276/2020

Judge

Rabkin-Naicker

The court found that the Commissioner misconstrued the applicable legal test and failed to properly interpret the substance of the relationship between AFMS and the NPA. The evidence showed that AFMS provided the applicant to work for the NPA for reward, and the SLA required compliance with NPA policies and procedures, indicating overall control by the NPA. The applicant was not performing a temporary service and was integrated into the NPA’s workplace. The Commissioner’s reliance on whether the SLA was a ‘sham’ was misplaced; the correct test was whether the statutory requirements for a TES…

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• Temporary Employment Service
• Section 198a Lra
• Condonation
• Equal Remuneration
• Integration Into Client Workplace

Innovative Staffing Solutions (PTY) Ltd v Minister of Employment and Labour and Others (J668/22)

Innovative Staffing Solutions (PTY) Ltd v Minister of Employment and Labour and Others (J668/22) [2022] ZALCJHB 204 (3 August 2022)

Court

Labour Court Johannesburg

Case number

J668/22

Judge

Nkutha-Nkontwana

The Labour Court dismissed an urgent bid for interim interdictory relief against enforcement of a collective agreement, finding no irreparable harm or balance of convenience.

• Interim Interdict
• Collective Agreement Enforcement
• Temporary Employment Service
• Locus Standi
• Urgency
• Contempt Of Court

Potgieter v Technical Support Service International (Pty) Ltd and Another (JS367/2017)

Potgieter v Technical Support Service International (Pty) Ltd and Another (JS367/2017) [2021] ZALCJHB 353 (8 October 2021)

Court

Labour Court Johannesburg

Case number

JS367/2017

Judge

F. Coetzee

The Labour Court granted the second respondent condonation for the late filing of its notice to oppose and answering affidavit, finding a reasonable explanation, no real prejudice, and prospects of success.

• Condonation
• Late Filing Of Answering Affidavit
• Unfair Dismissal
• Operational Requirements
• Temporary Employment Service
• Late-filing

Karibuni Security Services CC v Mec, Department of Health NC Province (2558/2017)

Karibuni Security Services CC v Mec, Department of Health NC Province (2558/2017) [2020] ZANCHC 62 (26 June 2020)

Court

Northern Cape High Court, Kimberley

Case number

2558/2017

Judges

Olivier, Mamosebo, Mayet

The majority held that the appellant, Karibuni Security Services CC, was not a Temporary Employment Service (TES) as defined in section 198(1) of the Labour Relations Act, but rather an independent contractor providing security services to the Department. The contract between the parties indicated the provision of services, not the placement of employees. The deeming provision in section 198A(3)(b)(i) did not apply, as the guards were not performing 'temporary service' and the Department never assumed the responsibilities of employer. The protestors were found not to be acting within the cour…

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• Temporary Employment Service
• Vicarious Liability
• Jurisdiction Of High Court
• Contractual Liability
• Urgent Interdict
• Course And Scope Of Employment

Karibuni Security Services CC v MEC, Department of Health Province (2558/2017)

Karibuni Security Services CC v MEC, Department of Health Province (2558/2017) [2020] ZANCHC 39 (26 June 2020)

Court

Northern Cape High Court, Kimberley

Case number

2558/2017

Judges

Olivier, Mamosebo, Mayet

The majority held that Karibuni Security Services CC was not a Temporary Employment Service (TES) as contemplated in section 198(1) of the Labour Relations Act, but rather an independent contractor providing security services. The contract between Karibuni and the Department was for the provision of services, not personnel, and the guards were not performing 'temporary service' as defined in section 198A. The court found that the protestors were not on duty at the relevant times and were not acting within the course and scope of their employment with the appellant. There was insufficient evid…

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• Temporary Employment Service
• Vicarious Liability
• Urgent Interdict
• Contractual Liability
• Jurisdiction
• Course And Scope Of Employment

Mandonsela and Others v South African Local Government Bargaining Council and Others (JR1754/18)

Mandonsela and Others v South African Local Government Bargaining Council and Others (JR1754/18) [2020] ZALCJHB 45 (13 February 2020)

Court

Labour Court Johannesburg

Case number

JR1754/18

Judge

A Patel

The court found that the arbitrator's award of three months' compensation was not just and equitable given the applicants' length of service and the circumstances of their dismissal. The court held that compensation equal to twelve months' remuneration was appropriate. Reinstatement was not reasonably practicable as the third respondent never intended to employ the applicants permanently and the work was of limited duration. Regarding the TES dispute, the court determined that the fourth respondent was not a temporary employment service provider and no tripartite relationship existed between…

Source excerpt

• Unfair Dismissal
• Fixed Term Contracts
• Compensation Awards
• Temporary Employment Service
• Section 198a Lra
• Section 193 Lra

Nyambi and Others v H C Shaik Investment CC and Another (J1471/17)

Nyambi and Others v H C Shaik Investment CC and Another (J1471/17) [2017] ZALCJHB 260; (2017) 38 ILJ 2806 (LC) (5 July 2017)

Court

Labour Court Johannesburg

Case number

J1471/17

Judge

Lagrange

The court found that the applicants have a suitable alternative remedy available under the LRA: they can initiate a primary strike against the first respondent and, if necessary, a secondary strike against the second respondent, provided statutory requirements are met. The economic pressure exerted by such a strike would be indistinguishable from a primary strike against the second respondent. The applicants did not demonstrate why this alternative was inadequate. The court distinguished the present case from De Klerk v Project Freight Group CC, noting that the applicants are not prevented fr…

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• Unilateral Change To Terms And Conditions
• Protected Strike Action
• Temporary Employment Service
• Arbitration Pending
• Alternative Remedy

Rapid Dawn 1123 CC t/a Bessenger Associates Labour Hire and Others v Motor Industry Bargaining Council (MIBCO) and Another (JR2435/15)

Rapid Dawn 1123 CC t/a Bessenger Associates Labour Hire and Others v Motor Industry Bargaining Council (MIBCO) and Another (JR2435/15) [2016] ZALCJHB 557 (8 December 2016)

Court

Labour Court Johannesburg

Case number

JR2435/15

Judge

Mthombeni

The Labour Court set aside an arbitration award after finding the commissioner misapplied the LRA and ignored challenged evidence about compliance notices.

• Collective Agreements
• Temporary Employment Service
• Joint And Several Liability
• Review Of Arbitration Award
• Powers Of Designated Agents
• Review-of-arbitration-award

National Union of Metalworkers of South Africa and Others v Abancedisi Labour Services (857/12)

National Union of Metalworkers of South Africa and Others v Abancedisi Labour Services (857/12) [2013] ZASCA 143; (2013) 34 ILJ 3075 (SCA); [2014] 2 All SA 43 (SCA); [2013] 12 BLLR 1185 (SCA) (30 September 2013)

Court

Supreme Court of Appeal

Case number

857/12

Judges

Maya, Malan, Shongwe, Pillay, Saldulker

The Supreme Court of Appeal found that the employment contract between Abancedisi and the employees was specific to the Kitsanker assignment and contained no guarantee of further work. When Kitsanker excluded the employees and replaced them, Abancedisi failed to reassign them or pay wages, effectively repudiating and breaching the employment contract. The court held that the employment relationship ended when Kitsanker no longer required the employees’ services, and Abancedisi’s conduct amounted to dismissal. The referral to the bargaining council was not premature, as it was made within the…

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• Temporary Employment Service
• Unfair Dismissal
• Compensation For Unfair Dismissal
• Automatic Termination Clause
• Repudiation Of Employment Contract