South Africa Case Law

Blue Crane Route Municipality v Municipal Workers Retirement Fund (CA 221/2021)

Blue Crane Route Municipality v Municipal Workers Retirement Fund (CA 221/2021) [2023] ZAECMKHC 141 (24 January 2023)

Court

Eastern Cape High Court, Makhanda

Case number

CA 221/2021

Judges

N Ntlama-Makhanya, NG Beshe, JE Smith

The Court found that the Municipality failed to establish a bona fide defence to the Fund's claim and did not demonstrate an error or common mistake as envisaged by Rule 42(1)(c). The amended pension fund rule was duly registered and binding from 1 November 2006, and the Municipality's obligation to pay increased contributions was not contingent on its subsequent agreement with the union. The Municipality did not take steps to challenge the validity of the rule through proper legal channels, and its absence from the initial proceedings was not justified. The requirements for rescission under…

Source excerpt

• Rescission Of Judgment
• Default Judgment
• Pension Fund Rules
• Common Mistake
• Waiver And Peremption

Potgieter v Samancor Chrome Limited t/a Tubatse Ferrochrome (J 250/21)

Potgieter v Samancor Chrome Limited t/a Tubatse Ferrochrome (J 250/21) [2022] ZALCJHB 83; (2022) 43 ILJ 1866 (LC) (6 April 2022)

Court

Labour Court Johannesburg

Case number

J 250/21

Judge

Tlhotlhalemaje

The Labour Court upheld special pleas of compromise, res judicata, and waiver, and dismissed an employee’s claim for reinstatement with costs.

• Compromise Agreement
• Res Judicata
• Waiver And Peremption
• Reinstatement
• Costs Award
• Compromise-agreement

Chemical, Energy, Paper, Printing, Wood and Allied Workers Union and Another v LE - Sel Research (Pty) Ltd (J1226/08)

Chemical, Energy, Paper, Printing, Wood and Allied Workers Union and Another v LE - Sel Research (Pty) Ltd (J1226/08) [2009] ZALC 2; [2009] 5 BLLR 421 (LC); (2009) 30 ILJ 1818 (LC) (6 January 2009)

Court

Labour Court

Case number

J1226/08

Judge

G.N Moshoana

The Labour Court found no genuine dispute of fact, rejected delay and waiver arguments, and made a bargaining council award an order of court with costs.

• Section 158 1 C Lra
• Arbitration Award Enforcement
• Unreasonable Delay
• Dispute Of Fact
• Waiver And Peremption
• Arbitration-award-enforcement