Caydavul and Another v Kamal Cape Town Iron and Steel Co (Pty) Ltd (JS619/23) [2025] ZALCJHB 223 (9 June 2025)
Court
Labour Court Johannesburg
Case number
JS619/23
Judge
Daniels
The plaintiffs remained employed by the defendant until their dismissal on 12 December 2023. The lay-off period was not lawfully extended by agreement, and the defendant conceded that no such agreement existed. The plaintiffs tendered their services throughout the relevant period, except during the business rescue period when they were paid. The defendant's argument that the second plaintiff's entitlement to remuneration was affected by the lapse of his work permit was rejected, as the employment contract was not rendered void and the defendant continued to treat him as an employee. The plain…
Nyakudya v O.R Tambo District Municipality (862/2024) [2025] ZAECMHC 40 (27 May 2025)
Court
Eastern Cape High Court, Mthatha
Case number
862/2024
Judge
Cengani-Mbakaza
The court found that the respondent terminated the applicant's employment contract without providing proper notice or following fair procedures, in contravention of the Basic Conditions of Employment Act and the Labour Relations Act. Although the applicant's work permit had expired, the respondent's failure to comply with statutory requirements regarding notice and procedure rendered the termination unlawful. The court held that being an illegal foreigner does not automatically entitle the employer to summarily terminate employment; fair procedures must be followed. However, reinstatement was…
Mkhize v Rand Water Soc Ltd and Others (JR1515/22) [2024] ZALCJHB 284 (2 August 2024)
Court
Labour Court Johannesburg
Case number
JR1515/22
Judge
L de Haan
The court held that the CCMA does not have jurisdiction to arbitrate an unfair labour practice dispute under section 186(2)(a) of the LRA where the facts giving rise to the dispute arose after the termination of the employment relationship. The applicant's entitlement to a bonus, if any, was not perfected during his employment but only became a dispute when the respondent paid bonuses to staff in January 2022 and refused to pay the applicant, who was no longer an employee. The authorities cited by the applicant do not support jurisdiction in these circumstances, as they concern disputes arisi…
Ngassam v MTN Group Management Services (Pty) Ltd (4337/2022) [2024] ZAGPJHC 277 (15 March 2024)
Court
South Gauteng High Court, Johannesburg
Case number
4337/2022
Judge
J J Meiring
The court found that the plaintiff's delivery of the document dated 25 April 2022 was an irregular step not provided for in the Uniform Rules of Court. The document was discursive, argumentative, and went beyond the scope of responding to the defendant's notice under rule 23(1)(a), thereby prejudicing both the defendant and the court by complicating the proceedings and diverting attention from the issues to be adjudicated. Although MTN delivered its notice under rule 30(2)(b) and the application itself out of time, the court exercised its inherent power under section 173 of the Constitution t…
Khumalo v Industrial Development Corporation of South Africa and Another (J1233 /2020) [2023] ZALCJHB 303; (2024) 45 ILJ 123 (LC) (27 October 2023)
Court
Labour Court Johannesburg
Case number
J1233 /2020
Judge
Prinsloo
The court found that the applicant had mandated her attorney to negotiate a settlement within the range of six to nine months' compensation, and the attorney acted within the scope of this mandate when settling for six months. The employer was entitled to rely on the attorney's ostensible authority, and there was no evidence that the agreement was subject to being reduced to writing and signed before becoming binding. The applicant accepted the settlement amount, returned employer property, and withdrew her provident fund, thereby affirming the agreement and precluding her from seeking to hav…