South Africa Case Law

Unitrans Passenger (Pty) Ltd t/a Megabus and Coach v Association of Mineworkers and Construction Union (AMCU) obo Members and Others (JR2157/2020)

Unitrans Passenger (Pty) Ltd t/a Megabus and Coach v Association of Mineworkers and Construction Union (AMCU) obo Members and Others (JR2157/2020) [2024] ZALCJHB 358 (3 September 2024)

Court

Labour Court Johannesburg

Case number

JR2157/2020

Judge

Prinsloo

The Labour Court reviewed and set aside an award on a transport allowance dispute, holding the arbitrator wrongly treated a tripartite settlement as bilateral.

• Collective Agreement Interpretation
• Arbitration Review
• Settlement Agreement
• Transport Allowance
• Strike Action
• Variation Of Terms

Legal Aid South Africa v Theunissen (CA14/18)

Legal Aid South Africa v Theunissen (CA14/18) [2019] ZALAC 71; (2020) 41 ILJ 625 (LAC); [2020] 4 BLLR 370 (LAC) (25 November 2019)

Court

Labour Appeal Court

Case number

CA14/18

Judges

F Kathree-Setiloane, DM Davis, J Murphy

The appeal turned on the interpretation of the savings clause in the revised terms and conditions of employment. The respondent's letter of employment did not expressly entitle him to retire at 65, and he did not meet the criteria of being 55 or older on 1 August 2009. The revised terms and conditions, adopted after extensive consultation and ministerial approval, lawfully set the retirement age at 60. The respondent acquiesced to the change by failing to object during the consultation process. Legal Aid SA was contractually entitled to terminate employment on notice, which was properly given…

Source excerpt

• Retirement Age
• Contractual Interpretation
• Specific Performance
• Variation Of Terms
• Consultation Process

Sun International Limited and Another v SACCAWU and Others (J3455/17)

Sun International Limited and Another v SACCAWU and Others (J3455/17) [2018] ZALCJHB 71; (2018) 39 ILJ 1837 (LC) (2 March 2018)

Court

Labour Court Johannesburg

Case number

J3455/17

Judge

Lagrange

The Labour Court confirmed an interim interdict declaring a strike unprotected, rejected mootness and urgency objections, and awarded costs against the respondents.

• Unprotected Strike
• Interim Interdict
• Urgency
• Mootness
• Variation Of Terms
• Costs Order

MG Reynolds (Pty) Ltd v Crown Chickens (Pty) Ltd t/a Sovereign Foods (3228/2010)

MG Reynolds (Pty) Ltd v Crown Chickens (Pty) Ltd t/a Sovereign Foods (3228/2010) [2011] ZAECPEHC 50 (24 November 2011)

Court

Eastern Cape High Court, Port Elizabeth

Case number

3228/2010

Judge

Chetty

The court found that the plaintiff failed to supply the agreed minimum quantity of wood shavings as stipulated in the contract, averaging only 2,615 bales per month instead of the required 6,500. The evidence showed that the defendant's orders were limited by the plaintiff's production capacity, not by any refusal to order. The defendant's refusal to accept a price increase and its unilateral variation of payment terms were responses to the plaintiff's ongoing breach and did not amount to repudiation. The objective test for repudiation was not met, as the defendant's conduct was consistent wi…

Source excerpt

• Breach Of Contract
• Repudiation
• Supply Agreement
• Damages
• Variation Of Terms

Van Wyk v GWK Beperk (437/2004)

Van Wyk v GWK Beperk (437/2004) [2004] ZANCHC 90 (11 November 2004)

Court

Northern Cape High Court, Kimberley

Case number

437/2004

Judge

Majiedt R

The court dismissed an employee’s motion to enforce a remuneration agreement, finding the affidavits did not properly establish the claim or meet the factual disputes.

• Employment Contract
• Variation Of Terms
• Specific Performance
• Onus Of Proof
• Employment-contract
• Variation-of-terms