South Africa Case Law

Mzalazala v Eastern Cape Department of Arts, Sports and Culture and Another (297/2025)

Mzalazala v Eastern Cape Department of Arts, Sports and Culture and Another (297/2025) [2025] ZAECMKHC 19 (25 February 2025)

Court

Eastern Cape High Court, Makhanda

Case number

297/2025

Judge

J.M Roberson

The High Court stayed further salary deductions linked to disputed incapacity leave, pending final resolution of the labour dispute before the Bargaining Council.

• Salary Deductions
• Temporary Incapacity Leave
• Basic Conditions Of Employment Act
• Urgent Interdict
• Internal Dispute Resolution
• Salary-deductions

Ndlovu v Minister in Presidency Responsible for Women, Children and Persons with Disabilities and Another (JR 1525/20)

Ndlovu v Minister in Presidency Responsible for Women, Children and Persons with Disabilities and Another (JR 1525/20) [2020] ZALCJHB 229 (11 November 2020)

Court

Labour Court Johannesburg

Case number

JR 1525/20

Judge

Tlhotlhalemaje

The Labour Court dismissed an urgent review of a refused temporary incapacity leave claim, finding no reviewable decision had yet been made and the application was premature.

• Temporary Incapacity Leave
• Public Service Act
• Policy And Procedure On Incapacity Leave And Ill Health Retirement
• Urgency
• Section 158 1 H Lra
• Temporary-incapacity-leave

Eicker v PSCBC and Others (JR2255/11)

Eicker v PSCBC and Others (JR2255/11) [2018] ZALCJHB 115 (13 March 2018)

Court

Labour Court Johannesburg

Case number

JR2255/11

Judge

A J Steenkamp

Labour Court review of a bargaining council award on temporary incapacity leave was dismissed. The court held SAPS retained a discretion under the collective agreement.

• Collective Agreement Interpretation
• Temporary Incapacity Leave
• Ill Health Retirement
• Arbitration Review
• Discretion Of Employer
• Collective-agreement-interpretation

POPCRU and Another v Department of Correctional Services and Another (D642/15)

POPCRU and Another v Department of Correctional Services and Another (D642/15) [2016] ZALCD 25; (2017) 38 ILJ 964 (LC) (23 November 2016)

Court

Labour Court Durban

Case number

D642/15

Judge

Whitcher

The court held that the employer's failure to respond to the application for temporary incapacity leave within the prescribed 30 working days does not entitle the employee to such leave. Payments made during the period pending investigation are conditional and do not harden into an entitlement after the lapse of the investigation period. The applicant assumed the risk that his application might not be granted, as clearly indicated in the PILIR policy and application notes. Section 38 of the Public Service Act applies, as the applicant received remuneration not due to him for periods of unappr…

Source excerpt

• Temporary Incapacity Leave
• Public Service Act
• Ministerial Determination
• Salary Deductions
• Collective Agreement
• Retrospective Effect

Public Servants Association of South Africa obo Potgieter v Department of Trade and Industry and Others (JR2212/12)

Public Servants Association of South Africa obo Potgieter v Department of Trade and Industry and Others (JR2212/12) [2016] ZALCJHB 52 (12 February 2016)

Court

Labour Court Johannesburg

Case number

JR2212/12

Judge

NP Voyi

The Labour Court reviewed and set aside an arbitration award on temporary incapacity leave, finding the arbitrator misdirected the inquiry and remitting the matter for fresh arbitration.

• Review Of Arbitration Award
• Temporary Incapacity Leave
• Collective Agreement Interpretation
• Condonation Of Late Filing
• Labour-law
• Review-of-arbitration-award

Du Plessis v Public Service Co-ordinating Bargaining Council and Others (JR2218/11)

Du Plessis v Public Service Co-ordinating Bargaining Council and Others (JR2218/11) [2015] ZALCJHB 261 (14 August 2015)

Court

Labour Court Johannesburg

Case number

JR2218/11

Judge

Tlhotlhalemaje

Labour Court dismissed a review of an arbitration award refusing temporary incapacity leave and ill-health retirement for a SAPS employee with PTSD.

• Review Of Arbitration Award
• Temporary Incapacity Leave
• Ill Health Retirement
• Collective Agreement Interpretation
• Onus Of Proof
• Discretion Of National Commissioner

Public Servants Association of South Africa obo Moditswe v Nsibanyoni and Others (JR1702/12)

Public Servants Association of South Africa obo Moditswe v Nsibanyoni and Others (JR1702/12) [2014] ZALCJHB 310 (5 August 2014)

Court

Labour Court Johannesburg

Case number

JR1702/12

Judge

Molahlehi

The Labour Court held that the bargaining council does have jurisdiction to entertain disputes concerning the interpretation and application of PSCBC Resolution 7 of 2000, including disputes about temporary incapacity leave. The panellist committed a material error of law by conflating jurisdiction with the merits and by declining jurisdiction on the basis of alleged unreasonable delay and insufficient medical information. The Court clarified that only the Labour Court has inherent powers to dismiss matters for unreasonable delay, and such powers are not available to CCMA commissioners or bar…

Source excerpt

• Jurisdiction Of Bargaining Council
• Temporary Incapacity Leave
• Interpretation Of Collective Agreements
• Unreasonable Delay
• Powers Of Commissioners

Public Service Association of South Africa and Another v PSCBC and Others (D751/09)

Public Service Association of South Africa and Another v PSCBC and Others (D751/09) [2013] ZALCD 3 (26 February 2013)

Court

Labour Court Durban

Case number

D751/09

Judge

Cele

Labour Court review of an arbitration award on temporary incapacity leave, holding that the arbitrator misread the collective agreement and that leave was owed for part of the period claimed.

• Interpretation Of Collective Agreements
• Temporary Incapacity Leave
• Unfair Labour Practice
• Arbitration Review
• Arbitration-review
• Collective-agreement-interpretation

PSA obo Liebenberg v Department of Defence and Others (C 938/2011)

PSA obo Liebenberg v Department of Defence and Others (C 938/2011) [2012] ZALCCT 47; (2013) 34 ILJ 1769 (LC); [2013] 8 BLLR 804 (LC) (30 November 2012)

Court

Labour Court Cape Town

Case number

C 938/2011

Judge

Steenkamp

The Labour Court held that the Bargaining Council had jurisdiction to entertain the dispute as it was properly pleaded as one concerning the application of PSCBC Resolution 7 of 2000, a binding collective agreement. The arbitrator misconstrued the nature of the enquiry and erred in finding that directives not incorporated into the resolution precluded jurisdiction. The Department's outsourcing of assessments and arguments regarding internal grievance procedures were irrelevant to the jurisdictional question. The Labour Appeal Court's decision in PSA obo De Bruyn v Minister of Safety & Securit…

Source excerpt

• Collective Agreement Application
• Bargaining Council Jurisdiction
• Temporary Incapacity Leave
• Section 24 Lra
• Arbitration Review

Van Rensburg and Others v Minister of Safety and Security (J2231/08, J2188/08, J2232/08)

Van Rensburg and Others v Minister of Safety and Security (J2231/08, J2188/08, J2232/08) [2008] ZALC 148; [2009] 4 BLLR 400 (LC) (28 November 2008)

Court

Labour Court

Case number

J2231/08, J2188/08, J2232/08

Judge

Molahlehi

The Labour Court dismissed urgent applications by three SAPS members seeking continued salary and medical aid while disputing their fitness for duty and leave status.

• Occupational Injury Leave
• Temporary Incapacity Leave
• Urgent Interdict
• Resolution 7 Of 2000
• Prima Facie Right
• Urgent-interdict