South Africa Case Law

Association of Mineworkers and Construction Union and Others v Nkomati Anthracite (Pty) Ltd (JS614/20)

Association of Mineworkers and Construction Union and Others v Nkomati Anthracite (Pty) Ltd (JS614/20) [2024] ZALCJHB 406 (11 October 2024)

Court

Labour Court Johannesburg

Case number

JS614/20

Judge

S Sethene

The Labour Court found that Nkomati Anthracite misread Covid-19 regulations, unlawfully deducted salaries without consent, and unfairly dismissed employees.

• Unfair Dismissal
• Unlawful Salary Deduction
• Covid 19 Regulations
• Collective Agreement
• Essential Services
• Costs Order

Solidarity obo Mqoni v South African Police Service and Others (J 658/24)

Solidarity obo Mqoni v South African Police Service and Others (J 658/24) [2024] ZALCJHB 521 (1 August 2024)

Court

Labour Court Johannesburg

Case number

J 658/24

Judge

M T M Phehane

The Labour Court interdicts SAPS from making unilateral salary deductions from a brigadier and orders repayment, finding the deductions unlawful and urgent.

• Unlawful Salary Deduction
• Basic Conditions Of Employment Act
• Self Help Remedies
• Fair Labour Practice
• Constitutional Rights
• Unlawful-salary-deduction

Stein v Minister of Education and Training and Others (J415/20)

Stein v Minister of Education and Training and Others (J415/20) [2021] ZALCJHB 420 (15 November 2021)

Court

Labour Court Johannesburg

Case number

J415/20

Judge

Mangena

The court found that the employer was justified in deducting amounts paid to the applicant for days he did not work, as these constituted overpayments made in error. Section 34(5) of the BCEA permits recovery of such overpayments without employee consent. The applicant failed to submit leave forms or provide evidence that he was at work, and the employer followed due process by notifying him of the deductions. The applicant's challenge to the jurisdiction was dismissed, and the respondent's factual version prevailed due to the applicant's failure to address the evidence. The application for r…

Source excerpt

• Unlawful Salary Deduction
• Basic Conditions Of Employment Act
• Leave Without Pay
• Overpayment Recovery

Kekana v Railway Safety Regulator (JS468/19)

Kekana v Railway Safety Regulator (JS468/19) [2021] ZALCJHB 395 (13 October 2021)

Court

Labour Court Johannesburg

Case number

JS468/19

Judge

Moshoana

The Labour Court found Kekana’s dismissal automatically unfair for protected disclosures, ordered reinstatement, and held that a R7000 deduction was unlawful.

• Automatically Unfair Dismissal
• Protected Disclosure
• Breach Of Employment Contract
• Unlawful Salary Deduction
• Section 34 Bcea
• Reinstatement

Cagwe and Others v MEC for the Department of Social Development- Eastern Cape Province (436/2020)

Cagwe and Others v MEC for the Department of Social Development- Eastern Cape Province (436/2020) [2020] ZAECBHC 18 (8 September 2020)

Court

Eastern Cape High Court, Bhisho

Case number

436/2020

Judge

M.J. Lowe

The court found that the applicants had established a prima facie right to interim relief. They were instructed to work from home due to hazardous office conditions and were not provided with an alternative workplace until 27 July 2020. The respondent failed to afford the applicants an opportunity to be heard before implementing salary deductions, violating both statutory and contractual requirements. The deductions were made without written agreement or legal authority, contrary to section 34(1) of the Basic Conditions of Employment Act. The applicants demonstrated irreparable harm due to su…

Source excerpt

• Unlawful Salary Deduction
• Audi Alteram Partem
• Interim Interdict
• Basic Conditions Of Employment Act
• Urgency
• Review Of Administrative Action

Stein v Minister of Education and Training and Others (J415/20)

Stein v Minister of Education and Training and Others (J415/20) [2020] ZALCJHB 147 (14 May 2020)

Court

Labour Court Johannesburg

Case number

J415/20

Judge

D Mahosi

The court found that the applicant failed to establish sufficient urgency to warrant deviation from ordinary procedures. The reasons advanced for urgency, including the impact on the applicant's livelihood and alleged future deductions, were not substantiated with specific facts or exceptional circumstances. The applicant could obtain substantial redress in the ordinary course, and the relief sought regarding unfair labour practices was not appropriate for urgent proceedings. The court exercised its discretion to award costs against the applicant due to his unreasonable persistence in bringin…

Source excerpt

• Unlawful Salary Deduction
• Urgent Application Requirements
• Unfair Labour Practice
• Costs In Labour Court

Agricultural Research Council v Ramashowana NO and Others (J1342/15)

Agricultural Research Council v Ramashowana NO and Others (J1342/15) [2018] ZALCJHB 255; (2018) 39 ILJ 2509 (LC) (1 August 2018)

Court

Labour Court Johannesburg

Case number

J1342/15

Judge

P Nkutha-Nkontwana

Labour Court review involving alleged constructive dismissal after salary deductions for a stolen laptop. The court found no constructive dismissal and no CCMA jurisdiction.

• Constructive Dismissal
• Unlawful Salary Deduction
• Jurisdiction Of Ccma
• Review Of Arbitration Award
• Constructive-dismissal
• Salary-deductions

South African Medical Association obo Boffard v Charlotte Maxeke Johannesburg Hospital and Others (J2469/13)

South African Medical Association obo Boffard v Charlotte Maxeke Johannesburg Hospital and Others (J2469/13) [2014] ZALCJHB 78; (2014) 35 ILJ 1998 (LC) (20 March 2014)

Court

Labour Court Johannesburg

Case number

J2469/13

Judge

Ngcukaitobi

The Labour Court held that salary deductions made against Professor Boffard were unlawful because they did not comply with section 34 of the BCEA and section 38 of the Public Service Act.

• Unlawful Salary Deduction
• Basic Conditions Of Employment Act
• Public Service Act
• Remuneration
• Leave Policy
• Administrative Error

POPCRU obo Moyo v Minister of Correctional Services and Another (J1926/12)

POPCRU obo Moyo v Minister of Correctional Services and Another (J1926/12) [2012] ZALCJHB 77; (2013) 34 ILJ 992 (LC) (6 August 2012)

Court

Labour Court Johannesburg

Case number

J1926/12

Judge

R Lagrange

The Labour Court held that salary deductions for an alleged debt were unlawful and prescribed, and ordered repayment plus an interdict against further deductions.

• Unlawful Salary Deduction
• Prescription Of Debt
• Basic Conditions Of Employment Act
• Urgent Interdict
• Unlawful-salary-deduction
• Prescription-of-debt

Keet v Jansen Incorporated (J783/10)

Keet v Jansen Incorporated (J783/10) [2011] ZALCJHB 197 (1 February 2011)

Court

Labour Court Johannesburg

Case number

J783/10

Judge

K S Tip

Labour Court held that Keet was owed leave pay, four weeks' notice pay, and repayment of an unlawful R500 deduction. The employer's counterclaims were dismissed.

• Basic Conditions Of Employment Act
• Unlawful Salary Deduction
• Notice Pay
• Leave Entitlement
• Counterclaim Negligence
• Jurisdiction Of Labour Court