South Africa Case Law

Solidarity obo Members v Sahara African Living (Pty) Ltd (JS829/21)

Solidarity obo Members v Sahara African Living (Pty) Ltd (JS829/21) [2024] ZALCJHB 166 (17 April 2024)

Court

Labour Court Johannesburg

Case number

JS829/21

Judge

M Makhura

The court found that the respondent breached the employment contracts by unilaterally reducing salaries and implementing lay-offs without consultation or consent, in violation of the non-variation clause and section 34 of the BCEA. The employees did not tacitly consent or acquiesce to the changes, as their conduct did not demonstrate clear acceptance. The retrenchment process was procedurally and substantively unfair due to the respondent's failure to consult with Solidarity and the affected employees, as required by section 189 of the LRA. The company deprived the employees of the opportunit…

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• Unilateral Change To Terms
• Unfair Dismissal
• Consultation Requirements
• Compensation For Breach
• Notice Pay
• Covid19 Employment Measures

Makgoka v Silverstar Casino (J310/21)

Makgoka v Silverstar Casino (J310/21) [2023] ZALCJHB 135 (21 April 2023)

Court

Labour Court Johannesburg

Case number

J310/21

Judge

M Makhura

The Labour Court found that the applicant's claim was based on an alleged unilateral change to his contract of employment and a breach thereof, seeking restoration of the status quo and specific performance. The absence of explicit reference to section 77 of the BCEA in the pleadings does not deprive the Labour Court of jurisdiction, as the substance of the claim is contractual and falls within the Court's powers under section 77(3) of the BCEA. The respondent's argument regarding prematurity and jurisdiction was rejected, as the referral to the CCMA and its withdrawal were irrelevant to the…

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• Unilateral Change To Terms
• Specific Performance
• Jurisdiction Of Labour Court
• Breach Of Contract

Ekurhuleni Metropolitan Municipality v South African Local Government Bargaining Council and Others (JR853/18)

Ekurhuleni Metropolitan Municipality v South African Local Government Bargaining Council and Others (JR853/18) [2022] ZALCJHB 272 (4 October 2022)

Court

Labour Court Johannesburg

Case number

JR853/18

Judge

Nkutha-Nkontwana

The court found that the dispute concerned a mutual interest arising from a unilateral change to terms and conditions of employment, specifically the reduction of the nightshift allowance. Despite procedural irregularities in the referral, the matter was properly conciliated and arbitrated under section 74(4) of the LRA, as the respondent employees were essential services workers precluded from striking. The evidence established that the previous nightshift allowance rate had become an entrenched benefit through long-standing practice, and the employer's unilateral reduction was impermissible…

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• Essential Services
• Unilateral Change To Terms
• Mutual Interest Dispute
• Arbitration Jurisdiction
• Collective Bargaining
• Nightshift Allowance

Nhlapo-Mofokeng v Emfuleni Local Municipality and Another (J 943/2022)

Nhlapo-Mofokeng v Emfuleni Local Municipality and Another (J 943/2022) [2022] ZALCJHB 236; [2023] 1 BLLR 63 (LC); (2023) 44 ILJ 815 (LC) (18 August 2022)

Court

Labour Court Johannesburg

Case number

J 943/2022

Judge

Van Niekerk

The Labour Court dismissed an urgent application to stop an employee’s transfer, holding that section 64(4) of the LRA does not give an individual a substantive remedy.

• Unilateral Change To Terms
• Interim Relief
• Jurisdiction Of Bargaining Council
• Specific Performance
• Costs Award
• Unilateral-change-to-terms

Colefax Trading (Pty) Ltd v Justice for All Workers of South Africa and Others (J853/21)

Colefax Trading (Pty) Ltd v Justice for All Workers of South Africa and Others (J853/21) [2022] ZALCJHB 39 (7 March 2022)

Court

Labour Court Johannesburg

Case number

J853/21

Judge

M Makhura

Urgent application to interdict a strike and related conduct dismissed. The court found the strike protected under section 64(4) of the LRA and no case for SAPS relief.

• Protected Strike
• Unilateral Change To Terms
• Interdict Proceedings
• Collective Agreement
• Freedom Of Association
• Protected-strike

Mgumane v Mineral Sands Resources (Pty) Ltd (C180/2016)

Mgumane v Mineral Sands Resources (Pty) Ltd (C180/2016) [2022] ZALCCT 9 (21 February 2022)

Court

Labour Court Cape Town

Case number

C180/2016

Judge

Rabkin-Naicker

The applicant's statement of claim was insufficiently detailed and did not comply with Rule 6 of the Labour Court Rules, failing to found a contractual claim under section 77(3) of the BCEA. The Labour Court, like the High Court, sits as a court of law when adjudicating contractual claims and requires pleadings that would pass muster in a civil court for breach of contract. Although equitable principles may assist unrepresented litigants, the parties did not flesh out the pleadings through a pre-trial minute as directed. Consequently, the applicant's claim was dismissed for want of jurisdicti…

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• Jurisdiction Of Labour Court
• Contractual Claims In Employment
• Statement Of Claim Requirements
• Unilateral Change To Terms
• Rule 6 Compliance

Basiewicz v Department of Health, Gauteng and Another (J3624/18)

Basiewicz v Department of Health, Gauteng and Another (J3624/18) [2021] ZALCJHB 455 (6 December 2021)

Court

Labour Court Johannesburg

Case number

J3624/18

Judge

Mahosi

The Labour Court struck the application off the roll as premature, holding that disputed issues about dismissal dates and salary entitlement had to be determined in arbitration first.

• Breach Of Employment Contract
• Remuneration
• Unilateral Change To Terms
• Jurisdiction Of Bargaining Council
• Accrued Leave
• Premature Referral

Tiger Consumer Brands Limited v African Meat Industry and Allied Trade Union (AMITU) and Others (D588/2021)

Tiger Consumer Brands Limited v African Meat Industry and Allied Trade Union (AMITU) and Others (D588/2021) [2021] ZALCJHB 315 (3 October 2021)

Court

Labour Court Johannesburg

Case number

D588/2021

Judge

Tlhotlhalemaje

Labour Court confirmed interim relief stopping an intended strike, holding the dispute’s substance had not changed and the strike remained unprotected pending the return date.

• Protected Strike
• Unilateral Change To Terms
• Urgent Interdict
• Ccma Certificate Of Outcome
• Urgent-interdict
• Protected-strike

National Union of Mineworkers and Others v Thompson (J913/19)

National Union of Mineworkers and Others v Thompson (J913/19) [2019] ZALCJHB 77 (12 April 2019)

Court

Labour Court Johannesburg

Case number

J913/19

Judge

Z Lallie

The Labour Court granted urgent relief against implementing short-time without employee consent, finding the collective agreement did not bind the applicants.

• Unilateral Change To Terms
• Collective Agreement
• Short Time Work
• Urgent Interdict
• Retrenchment Procedure
• Short-time-work

Health and Others Services Personnel Trade Union of South Africa (HOSPERSA) and Others v MEC - Free State Province and Others (JR580/2015)

Health and Others Services Personnel Trade Union of South Africa (HOSPERSA) and Others v MEC - Free State Province and Others (JR580/2015) [2019] ZALCJHB 53 (15 March 2019)

Court

Labour Court Johannesburg

Case number

JR 580/2015

Judge

Tlhotlhalemaje

The Labour Court dismissed a review of an arbitration award on commuted overtime for Free State dentists, finding no unilateral change to employment terms.

• Unilateral Change To Terms
• Commuted Overtime
• Employment Contracts
• Collective Bargaining
• Arbitration Review
• Labour-law