Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.
Results update automatically as you type.
South Africa decisions
Decisions matching the current search
Oliphant v Motor Industry Fund Administrators and Other (011365/2025) [2025] ZALCJHB 106 (3 March 2025)
The Labour Court condoned non-compliance in an urgent salary dispute, interdicted unlawful withholding and deductions from remuneration, and varied the order to make no costs order.
Ngcangula v Mhlontlo Local Municipality and Others; Nqekeho v Mhlontlo Local Municipality and Others (1343/2021;1466/2021) [2022] ZAECMHC 24; (2022) 43 ILJ 2398 (ECM); [2022] 12 BLLR 1177 (ECM) (16 August 2022)
The High Court found that the applicants' employment contracts entitled them to the agreed salaries and allowances, and the Municipality's unilateral reduction constituted an unlawful breach. The Municipality failed to follow the procedures required by section 34 of the BCEA, including affording the applicants a hearing and establishing fault. The High Court has concurrent jurisdiction to determine contractual disputes under section 77(3) of the BCEA. The payments made to the applicants were lawful, and the subsequent reduction and demand for repayment were not justified by any law or agreeme…
Source excerpt
Vumazonke v Municipal Manager and Another (EL 595/2018) [2021] ZAECELLC 24 (15 December 2021)
The court found that the applicant was contractually entitled to be paid on TASK Grade 18 for his acting appointment, as evidenced by the written offer and acceptance. The respondents failed to establish any factual or legal basis for their claim that the payment was erroneous or that the contract was invalid. Section 34 of the BCEA prohibits arbitrary deductions from remuneration, and the respondents did not obtain the applicant's written consent or a court order authorizing the deduction or set-off. The respondents' reliance on section 34(5) was misplaced, as it does not itself provide a re…
Source excerpt
Siwela v City of Tshwane Metropolitan Municipality and Others (J38/18) [2020] ZALCJHB 251 (18 August 2020)
The Labour Court held that the City of Tshwane unlawfully deducted R43,183.16 from an employee’s salary without fair procedure or lawful basis.
Solidarity obo Members employed in motor industry v Automobile Manufacturers Employers Organisation (AMEO) and Others (JA11/17) [2019] ZALAC 63; [2020] 2 BLLR 142 (LAC); (2020) 41 ILJ 419 (LAC) (16 October 2019)
The original agency shop agreement did not comply with section 25(3) of the Labour Relations Act and was unenforceable. However, the parties lawfully amended the collective agreement both retrospectively and prospectively to cure the defects. The retrospective amendment constituted a new collective agreement, valid from 1 July 2013, which rendered the prior deductions lawful. There is no statutory prohibition against retrospective operation of collective agreements, and the parties are entitled to determine the operative period. Rectification is not applicable to statutory non-compliance, but…
Source excerpt
Sifo and Another v Chubby Chick t/a Fourie's Poultry Farm (Pty) Ltd (JS124/19; JS178/19) [2019] ZALCJHB 167 (9 July 2019)
The Labour Court held that both claims were not properly referred for conciliation and dismissed them for want of jurisdiction, with costs against GIWUSA.
Solidarity obo Scholtz M v Gijima Holdings (Pty) Ltd (JA131/2017) [2019] ZALAC 29; (2019) 40 ILJ 1216 (LAC); [2019] 8 BLLR 774 (LAC) (26 February 2019)
The ELISA was a reciprocal contract requiring the employee to remain in employment for 12 months following payment of the retention bonus. Mr Scholtz urged the employer to pay the bonus after notice of termination and accepted the payment, thereby binding himself to the contract's terms. The purported cancellation of the ELISA was not effective as it was not reduced to writing and signed by both parties as required by Clause 8.2. Mr Scholtz did not accept the repudiation but instead insisted on performance. The deduction of the retention bonus from his terminal remuneration was justified unde…
Source excerpt
AAIM Investments (Pty) Ltd t/a Pongola Hospital and Another v Solidarity obo Steenkamp and Others (J2988/14) [2016] ZALCJHB 459 (26 February 2016)
The Labour Court dismissed an application for leave to appeal, finding no reasonable prospect of success and inadequate explanation for the delayed rescission application.
POPCRU obo Tshaka v Minster of Correctional Services and Another (J1777/12) [2016] ZALCJHB 460 (25 January 2016)
The court held that the deduction of R9181.03 from the applicant's salary was lawful. The deduction was made to recover an overpayment resulting from the applicant's irregular promotion, which was set aside. Section 34(2) of the BCEA does not apply to recovery of overpaid salary, as it only governs deductions for loss or damage caused by the employee. Instead, section 38 of the Public Service Act permits such deductions, and the financial circular authorising the deduction was in accordance with this statutory provision. The applicant was given an opportunity to make submissions before the de…
Source excerpt
Mpanza and Others v Acting Chief Litigation Officer For The Department Of Justice And Constitutional Development And Correctional Services and Others (J 1571/14) [2014] ZALCJHB 248 (9 July 2014)
The court found that there was a major dispute of fact regarding whether the applicants had reported for duty, which could not be resolved on the papers. The applicants failed to establish on a balance of probabilities that they were entitled to their full salaries, as the respondents' version indicated that remuneration was not due in the absence of tendered services. The applicants did not demonstrate a clear right to prohibit the reduction of their salaries, nor did they establish that the deductions were for the recovery of a debt rather than a reduction in remuneration. The only deductio…
Source excerpt
Explore more
