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South Africa decisions
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Swanepoel v KPMG Services (Pty) Ltd (J494/19) [2021] ZALCJHB 457; (2022) 43 ILJ 656 (LC) (13 December 2021)
The Labour Court dismissed an application to compel KPMG to recode a UI-19 form as retrenchment, finding the employment ended by mutual settlement.
Munengani and Others v Bob Cuts Hair Saloon and Others (J 507/20) [2020] ZALCJHB 101 (23 June 2020)
Urgent labour-court claim for unpaid wages and UIF relief was struck off/dismissed because urgency was not shown and factual disputes made final relief unsuitable.
Golimpi v Unitrade 117 CC t/a Stop Discount (996/2010) [2011] ZAECMHC 13 (23 June 2011)
The High Court held the application had become moot after the respondent belatedly completed UIF forms, but ordered attorney-and-client costs against the respondent.
Sibande v Department of Labour (Johannesburg Labour Centre) and Others (JR1232/06) [2007] ZALC 30; (2007) 28 ILJ 2049 (LC) (26 April 2007)
The Labour Court lacks jurisdiction to review the decision of an official of the Department of Labour under section 145 of the Labour Relations Act, as the decision challenged is not an arbitration award issued by the Commission. The applicant failed to exhaust the internal remedies provided by the Unemployment Insurance Act, specifically the appeal procedures set out in section 37. The principle of exhaustion of domestic remedies is well established in South African law and applies to this case. Even if the application were brought under another provision of the Labour Relations Act, the cou…
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