South Africa Case Law

Bata SA (Pty) Limited and Another v SACTWU obo Members and Others (DA4/2022)

Bata SA (Pty) Limited and Another v SACTWU obo Members and Others (DA4/2022) [2024] ZALAC 15; (2024) 45 ILJ 1541 (LAC); [2024] 8 BLLR 866 (LAC) (23 April 2024)

Court

Labour Appeal Court

Case number

DA4/2022

Judges

Waglay JP, Coppin JA, Savage AJA

The Labour Appeal Court held that section 198D of the Labour Relations Act does not empower the CCMA to grant substantive relief such as monetary awards or quantification of back pay in disputes concerning less favourable treatment of deemed employees. The section is intended to provide a process for determining the status of employment relationships and for granting declaratory relief regarding whether employees are deemed employees of the client and whether they have been treated less favourably. Once such declaratory relief is granted, aggrieved employees may pursue further remedies, inclu…

Source excerpt

• Temporary Employment Services
• Deemed Employment
• Unequal Treatment
• Ccma Jurisdiction
• Labour Relations Act Interpretation

Vawda v The Medical and Dental Professions Board and Others (21/27362)

Vawda v The Medical and Dental Professions Board and Others (21/27362) [2021] ZAGPJHC 142 (24 June 2021)

Court

South Gauteng High Court, Johannesburg

Case number

21/27362

Judge

Victor

The High Court set aside the Pathway policy as applied to a foreign-trained medical graduate, found procedural unfairness and irrationality, and allowed him to write the OSCE.

• Promotion Of Administrative Justice Act
• Procedural Fairness
• Irrationality Review
• Condonation Of Delay
• Unequal Treatment
• Administrative-law