South Africa Case Law

National Education, Health and Allied Workers Union [NEHAWU] obo Mamogale and 14 Others v Northwest Department of Community Safety and Transport Management and Another (J711/2022)

National Education, Health and Allied Workers Union [NEHAWU] obo Mamogale and 14 Others v Northwest Department of Community Safety and Transport Management and Another (J711/2022) [2022] ZALCJHB 182; (2022) 43 ILJ 2369 (LC); [2022] 11 BLLR 1041 (LC) (12 July 2022)

Court

Labour Court Johannesburg

Case number

J711/2022

Judge

R Lagrange

The court found that the employer's deductions from employees' salaries to recover alleged overpayments for April, May, and June 2022 were unlawful, as they did not comply with section 34 of the Basic Conditions of Employment Act. There was no written consent from the employees nor any statutory or collective agreement basis for the deductions. The employer's attempt to recoup previously paid remuneration was not justified under the BCEA or the Public Service Act. However, the court held that the employer's refusal to allow employees to work outside the newly established shift hours did not a…

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• No Work No Pay
• Unlawful Salary Deductions
• Protected Lockout
• Basic Conditions Of Employment Act
• Urgent Interdict

Amalungelo Workers' Union and Others v Philip Morris South Africa (Pty) Limited and Another (CCT20/18)

Amalungelo Workers' Union and Others v Philip Morris South Africa (Pty) Limited and Another (CCT20/18) [2019] ZACC 45; 2020 (2) BCLR 125 (CC); [2020] 3 BLLR 225 (CC); (2020) 41 ILJ 863 (CC) (26 November 2019)

Court

Constitutional Court

Case number

CCT 20/18

Judges

Mogoeng, Froneman, Jafta, Khampepe, Madlanga, Mathopo, Mhlantla, Theron, Victor

The Constitutional Court held that section 77(1) of the Basic Conditions of Employment Act confers exclusive jurisdiction on the Labour Court in respect of all matters arising from the Act, except where the Act itself provides otherwise. The Court found that there is no provision in the Basic Conditions of Employment Act requiring disputes to be referred to a labour inspector before approaching the Labour Court. The functions of labour inspectors are administrative and do not include dispute resolution. The Labour Court erred in concluding that it lacked jurisdiction to entertain the applican…

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• Basic Conditions Of Employment Act
• Labour Court Jurisdiction
• Unlawful Salary Deductions
• Section 34 Bcea
• Access To Court
• Interpretation Of Statutes

Bux v Minister of Defence and Military Veterans and Others (C510/2018)

Bux v Minister of Defence and Military Veterans and Others (C510/2018) [2018] ZALCCT 21; (2018) 39 ILJ 2298 (LC) (15 June 2018)

Court

Labour Court Cape Town

Case number

C510/2018

Judge

Steenkamp

The Labour Court found that the applicant, a member of the Defence Force, is covered by the BCEA and that section 34 prohibits salary deductions without agreement or legal authority. The respondents relied on section 38(2)(b)(i) of the Public Service Act, but this provision has been declared unconstitutional by the Constitutional Court in Ubogu and cannot justify unilateral deductions. The Court rejected the respondents' urgency and jurisdiction arguments, confirming its authority to adjudicate the matter. The doctrine of set-off was found inapplicable, as there were no mutual debts and the a…

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• Unlawful Salary Deductions
• Public Service Act
• Basic Conditions Of Employment Act
• Constitutional Invalidity
• Interdict
• Set Off

Sedibeng District Municipality and Another v Shongwe (J712/15)

Sedibeng District Municipality and Another v Shongwe (J712/15) [2015] ZALCJHB 425 (11 December 2015)

Court

Labour Court Johannesburg

Case number

J712/15

Judge

Lallie

The Labour Court dismissed an application for leave to appeal over unlawful salary deductions, finding no prospects of success and awarding costs.

• Unlawful Salary Deductions
• Basic Conditions Of Employment Act
• Leave To Appeal
• Written Consent Requirement
• Unlawful-salary-deductions
• Basic-conditions-of-employment-act

Chaka-Ramela v Department of Correctional Services (J 272/11)

Chaka-Ramela v Department of Correctional Services (J 272/11) [2013] ZALCJHB 207 (29 July 2013)

Court

Labour Court Johannesburg

Case number

J 272/11

Judge

R Lagrange

The Labour Court held that salary deductions made after 1 August 2010 were unlawful, ordered repayment of the deducted amounts, and awarded costs.

• Unlawful Salary Deductions
• State Guarantee Debt
• Repayment Authorisation
• Remedies For Unlawful Deduction
• Unlawful-salary-deductions
• Labour-law

City of Johannesburg v South African Local Government Bargaining Council and Others (JR 2996/10)

City of Johannesburg v South African Local Government Bargaining Council and Others (JR 2996/10) [2013] ZALCJHB 76 (16 May 2013)

Court

Labour Court Johannesburg

Case number

JR 2996/10

Judge

P Nkutha

The Labour Court found that the Bargaining Council lacked jurisdiction to arbitrate the dispute concerning unlawful deductions from employees' salaries under section 34 of the BCEA. The second respondent's reliance on the certificate of outcome as conferring jurisdiction was misplaced and constituted a material error of law. Jurisdiction is determined by statute, and section 77(1) of the BCEA grants exclusive jurisdiction to the Labour Court for such matters. The arbitration award and jurisdictional ruling were therefore reviewed and set aside. The Court also granted condonation for the late…

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• Jurisdiction Of Labour Court
• Unlawful Salary Deductions
• Basic Conditions Of Employment Act
• Arbitration Award Review
• Condonation For Late Filing

SAOU and Another v Head of Department Gauteng Department of Education and Others (J2468/10)

SAOU and Another v Head of Department Gauteng Department of Education and Others (J2468/10) [2010] ZALC 199; (2011) 32 ILJ 1413 (LC) (21 December 2010)

Court

Labour Court

Case number

J2468/10

Judge

Steenkamp

The Labour Court ordered Gauteng education officials to refund strike-related salary deductions made on a flawed database and stopped further deductions pending verification.

• No Work No Pay
• Collective Agreement Enforcement
• Unlawful Salary Deductions
• Urgent Interdict
• Basic Conditions Of Employment Act
• Administrative Fairness