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South Africa Case Law

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Labour Law [2024] ZALCJHB 459

Commission for Gender Equality v Mrwebo and Others (JR1424/20)

Commission for Gender Equality v Mrwebo and Others (JR1424/20) [2024] ZALCJHB 459 (19 November 2024)

The Labour Court held that the Commission could not withdraw a 17% provident fund contribution from a level 12 employee where its case concerned only level 11 employees.

  • Breach Of Employment Contract
  • Condonation
  • Provident Fund Contributions
  • Unilateral Variation Of Contract
  • Costs In Labour Court
  • Breach-of-employment-contract
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Labour Law [2012] ZALCJHB 43

South African Medical Association obo Meyer and Others v University of Limpopo (J825/11)

South African Medical Association obo Meyer and Others v University of Limpopo (J825/11) [2012] ZALCJHB 43; (2012) 33 ILJ 2954 (LC) (17 May 2012)

The court found that the applicants' entitlement to paid maternity leave was a contractual right incorporated in their employment contracts and the University's conditions of service. The University unilaterally amended this entitlement to unpaid leave without the applicants' consent, which constituted a breach of contract. The University's reliance on section 34(3) of the Higher Education Act and collective bargaining through the Joint Bargaining Forum was rejected, as the applicants and their union were not parties to the process and did not mandate representation. The Labour Court has juri…

  • Specific Performance
  • Unilateral Variation Of Contract
  • Maternity Leave
  • Collective Bargaining
  • Breach Of Contract
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Labour Law [2009] ZALC 248

Naidu and Others v South African Bureau of Standards (D238/08)

Naidu and Others v South African Bureau of Standards (D238/08) [2009] ZALC 248 (16 March 2009)

The court dismissed a challenge to SABS’s vehicle allowance restructuring, finding it was required to comply with tax law and not a unilateral contract variation.

  • Remuneration Structure
  • Unilateral Variation Of Contract
  • Vehicle Allowance
  • Income Tax Act Compliance
  • Remuneration-structure
  • Unilateral-variation
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Labour Law [2009] ZALCD 12

Naidu and Others v South African Bureau of Standards (D238/08)

Naidu and Others v South African Bureau of Standards (D238/08) [2009] ZALCD 12 (16 March 2009)

The court held that SABS could restructure vehicle allowances to comply with tax law, and dismissed the claim that the change was an unlawful unilateral variation.

  • Remuneration Structure
  • Unilateral Variation Of Contract
  • Vehicle Allowance
  • Consultation And Negotiation
  • Income Tax Act Compliance
  • Vehicle-allowance
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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.