South Africa Case Law

Nkosi v MEC of Department of Helath Limpopo Province and Another (J1677/23)

Nkosi v MEC of Department of Helath Limpopo Province and Another (J1677/23) [2025] ZALCJHB 334 (29 July 2025)

Court

Labour Court Johannesburg

Case number

J1677/23

Judge

Mafa-Chali

The court found that the applicant failed to demonstrate a clear right to the salary claimed, as he did not provide evidence of rendering services during the relevant periods and was absent without leave according to attendance registers. The deductions and withholding of salary were made in accordance with departmental circulars and statutory provisions governing unpaid leave and absence. The applicant did not exhaust internal remedies, such as lodging a grievance regarding salary deductions, and alternative remedies under the Labour Relations Act and Basic Conditions of Employment Act were…

Source excerpt

• Mandamus
• Declaratory Order
• Salary Withholding
• Unpaid Leave
• Disciplinary Procedure
• Audi Alteram Partem

Weyers v Department of Employment and Labour Free State Provincial Government and Others (231/2022)

Weyers v Department of Employment and Labour Free State Provincial Government and Others (231/2022) [2023] ZAFSHC 39 (14 February 2023)

Court

Free State High Court, Bloemfontein

Case number

231/2022

Judge

Daniso

The court held that both sides caused unnecessary litigation over pension documentation and ordered each party to pay its own costs.

• Pension Benefits
• Acknowledgement Of Debt
• Costs Award
• Unpaid Leave
• Section 37d Pension Fund Act
• Costs-order

National Union of Mineworkers v AFGEM Ltd and Others (J581/06)

National Union of Mineworkers v AFGEM Ltd and Others (J581/06) [2006] ZALC 133 (21 April 2006)

Court

Labour Court

Case number

J581/06

Judge

Pillay D

The Labour Court granted NUM urgent relief over an attempted unpaid-leave lockout, ordered reinstatement of employees, and awarded costs against the third respondent.

• Lockout
• Change Of Conditions Of Employment
• Unpaid Leave
• Consultation With Union
• Employer Identity
• Costs Award

NUM v Afgem Ltd and Others (J581/06)

NUM v Afgem Ltd and Others (J581/06) [2006] ZALCJHB 32 (21 April 2006)

Court

Labour Court Johannesburg

Case number

J581/06

Judge

Pillay D

The Labour Court granted NUM urgent relief, finding the respondents failed to consult properly and that the proposed lockout was unlawful.

• Lockout
• Change Of Conditions Of Employment
• Unpaid Leave
• Consultation With Union
• Employer Identity
• Consultation-with-union