| 1. |
CEPPWAWU &294 Others v Express Payroll CC JS113 held at the Labour Court and handed down o the 20th of July 2011.
Challenging an attorney's authority.
[This summary first appeared in the November 2011 Edition of the Derebus]
|
|
| 2. |
The South African Post Office Limited v CCMA & Others JA56/06 (unreported) held at the Labour Appeal Court and handed down on the 3rd of August 2011.
CV Fraud – positive misrepresentation on a material issue leads to dismissal. Non disclose on a material issue not necessarily leads to dismissal (under commentary) |
|
| 3. |
The Department of Correctional Services & 1Other v POPCRU & Others CA6/2010 (unreported) held at the Labour Appeal Court handed down on the 27th of September 2011.
Deadlock on dreadlock – unfair discrimination. |
| 1. |
NEWU v Director of the CCMA & Others JA93/2010 (unreported) held at the Labour Appeal Court and handed down on the 30th of May 2011. [This summary first appeared in the July edition of the 'Derebus' 2011]
End of the road for NEWU
|
|
| 2. |
SAMWU obo Mahlangu v SALGBC JR2595 (unreported) held at the Labour Court and handed down on the 21st of June 2011.
Employer overturns chairperson's sanction. |
|
| 3. |
Southern Sun Hotel Interests PTY Ltd IRO Southern Sun Waterfront Hotel v CCMA & Others C362/09(unreported) held at the Labour Court and handed down on the 21st of June 2011.
Jurisdictional challenge must focus on the claim and not the substance of the claim. |
|
| 4. |
PIK-IT UP v SALGBC & Others JR1834/O9 (unreported) held at the Labour Court handed down on the 28th of June 2011.
Fixed Term Contract – whether or not employee establishes a reasonable expectation, is a jurisdictional issue
|
| 1. |
Magengenene Mbaleki Frans v PPC Cement PTY (Ltd) and Others JR698/02 (unreported) held at the Labour Court and handed down on the 29th of April 2011
A review application does not interrupt prescription. What does ?
|
|
| 2. |
IMATU obo FJ Foster v Umhlathuze Municipality D644/09 (unreported) held at the Labour Court and handed down on the 6th of May 2011.
Unfair labour practice is a statutory right – dispute about a benefit given at discretion of employer can be arbitrated. |
|
| 3. |
NUM obo 112 employees’ v CCMA & Others CA11/2007 (unreported) held at the Labour Appeal Court heard on the 17th of March 2011.
Work stoppage to compel employer to act in terms of contract – a strike or not? Dismissal not automatic sanction for participating in unprotected strike. |
|
| 4. |
South African Police Service v Police and Prisons Civil Rights Union & Another CCT89/10(unreported) held at the Constitutional Court handed down on the 9th of June 2011.
Essential services - who in the SAPS are allowed to strike ?
|
| 1. |
Pioneer Foods (Pty) Ltd t/a Sasko Milling & Baking (Duens Bakery) v CCMA and Others C265/10 (unreported) held at the Labour Court and handed down on the 3rd of March 2011[this summary first appeared in the Derebus May 2011 Edition]
An objection of note – section 191(5A) read with Rule 17.
|
|
| 2. |
Baldwin Steel and 1 other v NUMSA and Others J5256/00 (unreported) held at the Labour Court and handed down on the 22nd of March 2011.
Undue delay – applicant’s case dismissed. |
|
| 3. |
Telkom LTD v CCMA & 2 Others JR1538/09 (unreported) held at the Labour Court handed down on the 23rd of March 2011.
Assault – absence of provocation is an aggravating factor not mitigating. |
|
| 4. |
Zixolisile Feni v Pan South African Language Board JS1179/2010 (unreported) held at the Labour Court. Judgment handed down on the 2nd of March 2011. (Reasons handed down on the 24th of March 2011.
Jurisdictional path way to the Labour Court for matter under the PDA. If approach High Court- no need to follow same steps (under commentary)
|
| 1. |
Blessing Mahlalela v Office of the Pension Fund Adjudicator J283/2011 (unreported) handed down on the 23rd February 2011.
Employment contract does not place an inherent obligation on the employer to act fairly towards an employee.
|
|
| 2. |
Gary Shane Allpass v Mooikloof Estates (PTY) Ltd t/a Mooikloof Equestrian Centre JS178/09 (unreported) handed down on the 16th of February 2011.
Discriminatory views couched in charge of misconduct. |
|
| 3. |
Nitrophoska (PTY) Ltd v CCMA & Others C109/2010 (unreported) handed down on the 4th of March 2011.
Commissioner not understanding what procedural fairness entails. |
|
| 4. |
Transnet Freight Rail v Transnet Bargaining Council and Others C644/09 (unreported) handed down on the 4th of March 2011.
Arbitrator confusing misconduct for incapacity.
|
| 1. |
Production Institute of South Africa v CCMA & 2 0thers JR1974/2009 (unreported) handed down on the 13th January 2011.
Not taking into account all material factors could result in rescission ruling being set aside.
|
|
| 2. |
David John Randles v Chemical Specialists Limited D286/10 (unreported) handed down on the 1st of February 2011.
An exceptions in the PDA has its basis in the principle of legal privilege. |
|
| 3. |
CEPPWAWU obo Members v Hydro Colour Inks (PTY) LTD & Evergreen Coating (PTY) LTD J1346/2010 (unreported) handed down on the 11th of February 2011.
Was or wasn’t there a 197 transfer? |
|
| 4. |
NEHAWU v Vanderbijlpark Society of the Aged JS540/05(unreported) handed down on the 17th of February 2011.
Union responsible for delay –condonation denied.
|
| 1. |
Munnik Basson Dagama Attorneys v CCMA & 2 0thers JR1153/08 (unreported) handed down on the 3rd of December 2010.
Amending charge sheet after internal hearing commences – is not necessary procedurally unfair.
|
|
| 2. |
Clidet No 957 (PTY) LTD v SAMWU & its Members J240/2010 (unreported) handed down on the 3rd of December 2010.
The legitimacy of a secondary strike – what needs to be established before the strike is deemed protected. |
|
| 3. |
Godfrey Louw v Eden District Municipality C1038/2010 (unreported) handed down on the 6th of December 2010.
Labour Court will only hand down a declarator on issues it has jurisdiction on. |
|
| 4. |
Woolworths (PTY) LTD v Lazarus Matlala NO & 2 Others JR2915/08(unreported) handed down on the 8th of December 2010.
Inconsistency – onus on employer to justify differential sanctions. Factors employer can objectively consider when discharging such an onus (under commentary)
|
| 1. |
Henred Freuhof (PTY)Ltd v Davel, Donovan & JMR Trailers, J91/2010 (unreported) handed down on the7th of September 2010 (Labour Court)
Restraint of trade – the 4 point enquiry to determine the enforceability.
A 5th point added (commentary)
|
|
| 2. |
Soul Mmethi v DNM Investment CC t/a Bloemfontien Celtics Football Club JS1298/09 (unreported) handed down on the 1st of October 2010
Labour Court’s jurisdiction v private arbitration agreement. |
|
| 3. |
Ndlovu, Sibusiso & others v SACCAWU J1621/2008 (unreported) handed down on the 1st of October 2010 (Labour Court)
Labour Court’s jurisdiction relating to delictual claims. Does a trade union have a duty of care towards its members ? |
|
| 4. |
Nkele Dolo v CCMA and 2 Others JR1655/07 (unreported) handed down on the 19th of October 2010 (Labour Court)
Misconducts outside and independent of the workplace – when can an employer take disciplinary action ?
|
| 1. |
Carlbank Mining Contracts v National Bargaining Council for the Road Freight Industry and 2 Others JR1592/07 (unreported) handed down on the 21st of July 2010
[This summary and commentary was first published in the October 2010 edition of the Derebus]
|
|
| 2. |
UNICA Plastics Moulders CC v National Union of South African Workers J1072/2010 (unreported) handed down on the 3rd of August 2010
Deregistration not render a union incapable of recruiting members and negotiating with employer. Organisational rights – can be conferred to a deregistered union through industrial action as opposed to an entitlement (commentary). |
|
| 3. |
Duncan Manufacturing v The Metal and Engineering Industries Bargaining Council and Others P491/08 (unreported) handed down on the 7th of September 2010 (Labour Court)
Guidance on circumstantial evidence. |
|
| 4. |
Member of the Executive Council For Health v MD Khoetha and 2 Others JR60/2008 (unreported) handed down on the 7th of September 2010 (Labour Court)
Setting out the requirements for section 17(5)(a) of the PSA.
|
| 1. |
Ehlers v Bohler Uddeholm Africa JS296/09 (unreported) handed down on the 13th of August 2010 (Labour Court)
Another tough stance by the Court’s regarding gender discrimination.
The once and for all principle (under commentary)
|
|
| 2. |
Unathi Balasana v The Motor Bargaining Council & 2 Others P309/09 (unreported) handed down on the 26th of August 2010 (Labour Court)
The peremption rule – accept or reject a judgment – not allowed to do both. |
|
| 3. |
SACCAWU obo members v Entertainment Logistics Service (A Division of Gallo Africa LTD) JS585/08 (unreported) handed down on the 31st of August 2010 (Labour Court)
Rule 22 – an employee must refer his case to the Labour Court before a joinder can be considered. |
|
| 4. |
CEPPWAWU v National Bargaining Council for the Chemical Industry & Others JA14/08(unreported) handed down on the 3rd of September 2010.(Labour Appeal Court)
Selective discipline – must establish the basis for such selection emanates from a discriminatory policy or for an arbitrary reason for it to be unfair. |
| 1. |
Inzuzu IT Consulting (PTY) Ltd v CCMA & Others P487/2009(unreported) handed down on the 23rd of June 2010.(Labour Court)
Con/arb – default award in the absence of employer party is contrary to CCMA Rule 17. |
|
| 2. |
South African Freight & Dock Workers Union v Safcor Freight (PTY)Ltd &Others D104/08 (unreported)handed down on the 1st of July 2010( Labour Court)
Wage increase with condition to not join trade union – seen as unfair discrimination. |
|
| 3. |
Mondi Packaging (PTY0 Ltd v Director General : Labour and Others JA49/08 (unreported) handed down on the 23rd of July 2010 (Labour Appeal Court)
Overtime remuneration not included to calculate employee’s gross annual income. |
|
| 4. |
CCMA v The Registrar of the Labour Relations & Others J984/10 (unreported) handed down on the 27th of July 2010 (Labour Court)
Trade Union deregistered – appeal does not suspend the implementation and consequence of being deregistered.
|
| 1. |
Adam Sanders v Cell C & Others P260/10(unreported) handed down on the 10th May 2010.(Labour Court)
Test for when sec197 applies - Absence of goodwill not render sec197unenforcable. |
|
| 2. |
NUM & Others v J Grogan N.O & Others JA30/08 (unreported)handed down on the 1st of June 2010( Labour Appeal Court)
Derivative misconduct – the elements which need to be established. |
|
| 3. |
George Miyambo v CCMA & Others JA51/09 (unreported) handed down on the 2nd of June 2010 (Labour Appeal Court)
Long service and clean disciplinary record v act of dishonesty. |
|
| 4. |
South African Post Office v Khutso Mampeule JA29/09 (unreported) handed down on the 4th of June 2010 (Labour Appeal Court)
Using Company Law to effect a termination for purposes of Labour Law.
Operation of law – when does it constitute a dismissal?
|
| 1. |
Edgars Consolidated Stores LTD v SACCAWU & Others J1089/07(unreported) handed down on the 18th May 2010.
Old employer placed under sequestration – new employer acquires business – when is new employer bound by awards against old employer. |
|
| 2. |
Ronnie Peter Lottering & 2 Others v Stellenbosch Municipality C159/2010 handed down on the 7th of May 2010.
Resignation – unilateral lawful act. Short notice not render the resignation a repudiation. |
|
| 3. |
University of South Africa v EC Reynhardt JA36/08 handed down on the 25th of May 2010
Is there place for affirmative action measures once demographic targets have been achieved ? |
|
| 4. |
Kylie v CCMA & Others CA10/08 (unreported) handed down on the 26th of May 2010.
Recourse emanating from illegal act v Constitutional right to dignity and protection from exploitation. |
| 1. |
Road Accident Fund v Satawu & Others J750/10(unreported) handed down on the 13th of April 2010.
No consent needed to resuscitate a matter of mutual interest - 30 days time lapse supersedes procedural challenges to strike - changing demand as stated in referral form to what is stated in strike notice. |
|
| 2. |
William Mohlakoana v CCMA & Others JR284/09 handed down on the 13th of April 2010.
Arbitrator not indicating how he derived at quantum of compensation awarded – reviewable error. |
|
| 3. |
SARS v CCMA& Others JR514-08 handed down on the 14th of April 2010.
Estoppel – the legal requirements. Commissioner- mero muto act - reviewable. |
|
| 4. |
Maroga, Phirwa Jacob v Eskom Holdings Ltd & Minister of Public Enterprises 00589/10 (unreported) handed down on the 29th of April 2010.
The requirements to prevent a new appointment pending the adjudication of an unlawful termination – irretrievable break down in trust – pubic interest – factors weighing against the granting of the relief sought. |
| 1. |
Simon Nape v Intecs Corporate Solutions (PTY) Ltd JR617/07(unreported) handed down on the 10th of March 2010.
A labour broker has rights and recourse against its client. The broker’s failure to act on those rights before dismissing its employee could render the dismissal unfair. |
|
| 2. |
Giddings, Michael Anthony v Beige Holding Ltd JR 1287/2009(unreported) handed down on the 11th of February 2010.
The test to be released from a clause binding parties to private arbitration. |
|
| 3. |
Bombardier Transportation (PTY) Ltd v Lungile Mtiya NO & Others (unreported) handed down on the 11th of March 2010.
Jurisdictional point raised at conciliation – the third interpretation of Rule 14. |
|
| 4. |
The Foschini Group v Maidi Mabel & Others JA12/08 (LAC) (unreported) handed down on the 25th of March 2010.
Hearsay evidence, group dismissals and choosing not to attend an enquiry. |
