South Africa Case Law

Bloem Water v Nyareli and Others (C823/2018)

Bloem Water v Nyareli and Others (C823/2018) [2010] ZALCCT 48 (23 November 2010)

Court

Labour Court Cape Town

Case number

C823/2018

Judge

Lagrange

The court found that the arbitrator misdirected himself by focusing exclusively on the literal wording of the vehicle allowance policy and disregarding evidence of its practical implementation. The differentiation between employees who qualified for the allowance was not arbitrary but linked to job functions and operational requirements, which were reviewed regularly by management. The benefit in question was recurring, and the exclusion of the respondents was an ongoing matter rather than a single event, making condonation for late referral unnecessary. The arbitrator's failure to consider r…

Source excerpt

• Unfair Labour Practice
• Benefits Policy
• Vehicle Allowance
• Condonation
• Arbitration Review

Naidu and Others v South African Bureau of Standards (D238/08)

Naidu and Others v South African Bureau of Standards (D238/08) [2009] ZALC 248 (16 March 2009)

Court

Labour Court

Case number

D238/08

Judge

Pillay D

The court dismissed a challenge to SABS’s vehicle allowance restructuring, finding it was required to comply with tax law and not a unilateral contract variation.

• Remuneration Structure
• Unilateral Variation Of Contract
• Vehicle Allowance
• Income Tax Act Compliance
• Remuneration-structure
• Unilateral-variation

Naidu and Others v South African Bureau of Standards (D238/08)

Naidu and Others v South African Bureau of Standards (D238/08) [2009] ZALCD 12 (16 March 2009)

Court

Labour Court Durban

Case number

D238/08

Judge

Pillay D

The court held that SABS could restructure vehicle allowances to comply with tax law, and dismissed the claim that the change was an unlawful unilateral variation.

• Remuneration Structure
• Unilateral Variation Of Contract
• Vehicle Allowance
• Consultation And Negotiation
• Income Tax Act Compliance
• Vehicle-allowance