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South Africa Case Law

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Labour Law [2015] ZALCD 21

Sanson and Others v Mobile Telephone Networks (Pty) Ltd and Others (D 242/15)

Sanson and Others v Mobile Telephone Networks (Pty) Ltd and Others (D 242/15) [2015] ZALCD 21 (31 March 2015)

The Labour Court granted urgent interim relief stopping MTN from withdrawing company cars from employees pending CCMA arbitration over an alleged unfair labour practice.

  • Unfair Labour Practice
  • Interim Interdict
  • Terms And Conditions Of Employment
  • Urgent Relief
  • Unfair-labour-practice
  • Urgent-interdict
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Labour Law [2013] ZALCJHB 50

South African Municipal Workers Union and Others v City of Johannesburg (J 325/13)

South African Municipal Workers Union and Others v City of Johannesburg (J 325/13) [2013] ZALCJHB 50 (11 April 2013)

The Labour Court refused leave to appeal, finding no reasonable prospects of success on the shift-time and lockout issues.

  • Collective Agreements
  • Shift Work
  • Terms And Conditions Of Employment
  • Lockout Definition
  • Collective-agreements
  • Shift-work
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Labour Law [2012] ZALCJHB 27

Johson Matthey (Pty) Ltd v National Union of Mine Workers of South Africa (NUMSA) and Others (J515/2011)

Johson Matthey (Pty) Ltd v National Union of Mine Workers of South Africa (NUMSA) and Others (J515/2011) [2012] ZALCJHB 27; (2012) 33 ILJ 2420 (LC) (24 April 2012)

The Labour Court held that reemployed workers were bound by the prevailing employment terms, including mandatory Discovery Health medical aid membership.

  • Specific Performance
  • Terms And Conditions Of Employment
  • Medical Aid Membership
  • Arbitration Award Enforcement
  • Specific-performance
  • Employment-contracts
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Labour Law [2012] ZALCJHB 32

Harmony Gold Mining Co Ltd v National Union of Mineworkers and Others (J367/12)

Harmony Gold Mining Co Ltd v National Union of Mineworkers and Others (J367/12) [2012] ZALCJHB 32; (2012) 33 ILJ 2609 (LC) (14 March 2012)

The Labour Court confirmed a rule nisi and held that belt riding at Target 1 Shaft was a condition of employment, making the threatened strike unprotected.

  • Strike Action
  • Terms And Conditions Of Employment
  • Collective Agreement
  • Unprotected Strike
  • Mine Health And Safety
  • Unprotected-strike
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Labour Law [2011] ZALCJHB 19

Joubert v Legal Aid South Africa (JS240/2010)

Joubert v Legal Aid South Africa (JS240/2010) [2011] ZALCJHB 19; (2011) 32 ILJ 1921 (LC) (16 March 2011)

The applicant failed to establish that the respondent had adopted a term and condition of employment entitling him to a post-retirement medical aid benefit (PRMAB), nor that such a term was approved by the Minister of Justice acting in consultation with the Minister of Finance as required by section 8 of the Legal Aid Act. The evidence showed that public service terms were not automatically adopted by the respondent; each term required specific board approval and ministerial consent. The applicant conceded that the necessary criteria for adoption and approval of PRMAB were not met. The plea o…

  • Terms And Conditions Of Employment
  • Public Service Comparison
  • Post Retirement Medical Aid Benefit
  • Statutory Body Powers
  • Estoppel Against Statutory Body
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Labour Law [2010] ZALC 319

Nhlengethwa v Eagle Liner (Pty) Ltd (D415/08)

Nhlengethwa v Eagle Liner (Pty) Ltd (D415/08) [2010] ZALC 319 (17 December 2010)

The Labour Court dismissed an application to enforce a CCMA reinstatement award, finding the employer had substantially complied and the route complaint was unsupported.

  • Section 158 1 C
  • Arbitration Award Enforcement
  • Unfair Dismissal
  • Reinstatement
  • Terms And Conditions Of Employment
  • Labour-law
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Labour Law [2010] ZALCD 12

Nhlengethwa v Eagle Liner (Pty) Ltd (D415/08)

Nhlengethwa v Eagle Liner (Pty) Ltd (D415/08) [2010] ZALCD 12 (17 December 2010)

The Labour Court dismissed an application to enforce a CCMA reinstatement award, finding the employer had substantially complied and the route-allocation complaint was unsupported.

  • Arbitration Award Enforcement
  • Unfair Dismissal
  • Reinstatement
  • Terms And Conditions Of Employment
  • Labour-law
  • Ccma-award-enforcement
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Labour Law [2004] ZALC 63

Grupo Antolin (Pty) Ltd v Numsa (D 356/03)

Grupo Antolin (Pty) Ltd v Numsa (D 356/03) [2004] ZALC 63 (2 September 2004)

The Labour Court dismissed a review of an arbitration award on severance pay, holding that the commissioner reasonably found a four-week severance policy had become part of employment terms.

  • Severance Pay
  • Transfer Of Business
  • Arbitration Review
  • Terms And Conditions Of Employment
  • Severance-pay
  • Transfer-of-business
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Labour Law [2001] ZALC 72

Chaychuk v Eire Contractors (Pty) Ltd (D390/99)

Chaychuk v Eire Contractors (Pty) Ltd (D390/99) [2001] ZALC 72 (18 May 2001)

The Labour Court dismissed an employee’s challenge to retrenchment after he refused a lawful transfer to Swaziland, holding the refusal unreasonable.

  • Retrenchment
  • Refusal Of Transfer
  • Severance Pay
  • Terms And Conditions Of Employment
  • Refusal-of-transfer
  • Severance-pay
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Labour Law [1999] ZALC 41

Alpha Limited t/a Alpha Limited Lime v South African Workers Union and Another (J 519/97)

Alpha Limited t/a Alpha Limited Lime v South African Workers Union and Another (J 519/97) [1999] ZALC 41 (16 March 1999)

The Labour Court held that lunch-time bakkie transport for artisans was a privilege, not a condition of employment, and ordered it withdrawn as unfairly discriminatory.

  • Unfair Discrimination
  • Terms And Conditions Of Employment
  • Privilege Vs Condition
  • Collective Bargaining
  • Operational Requirements
  • Unfair-discrimination
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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.