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  • Latest News Blog

    Cosatu approves of new ANC MPs, but they 'will have to pull up their socks'

    anc EWN reports that African National Congress (ANC) tripartite alliance partner Cosatu said on Tuesday it welcomed the new leadership in Parliament.  

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    Samwu 'notes' allegations of grand-scale looting of workers' strike fund

    samwu thumb medium80 78 ANA reports that the SA Municipal Workers Union (Samwu) said on Tuesday that its leadership would be receiving a report of alleged grand-scale looting of the union's coffers as they were currently holding a scheduled central executive committee meeting.  

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    No injuries or fatalities reported in Germiston train fire on Tuesday

    news News24Wire reports that no injuries or fatalities were reported after a train caught fire in Dinwiddie, Germiston, on Tuesday.  

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    Samwu slams appointment of David Tembe as acting JMPD head

    JMPD The Star reports that the Johannesburg Metro Police Department (JMPD) has a new acting executive director of public safety following the appointment of its police chief David Tembe.  

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    Retrenchments constituted biggest share of Libertys monthly income claims in 2018

    Liberty BusinessLive reports that retrenchments accounted for the biggest share of monthly income claims paid out by Liberty in the 2018 financial year.  

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    Lonmin plans to cut 4,100 workers as it closes platinum mines

    lonminlogo thumb medium90 90 Bloomberg reports that Lonmin plans to cut 4,100 workers at mines that have run out of profitable ore and are being closed.  

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    Public Protector slates SA Weather Service for 'unlawful' appointment of manager with insufficient credentials

    WeatherService TimesLIVE reports that the SA Weather Service (Saws) must approach the courts within 30 days to have the "unlawful" appointment of a manager with insufficient credentials set aside and take appropriate disciplinary action against suspended CEO Jerry Lengoasa for his improper conduct in the matter.  

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    Choppies CEO suspended amid legal and forensic investigations

    Choppies Fin24 reports that following a meeting on Monday, the board of grocery retailer Choppies has suspended its CEO Ramachandran Ottapathu with effect from Wednesday, 22 May.  

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    Battle for control of Fawu could eat into the unions membership

    fawu BusinessLive reports that the bruising battle for control of the Food and Allied Workers Union (Fawu) could spur rival unions to eat into its 126,000-strong membership in the farming, fast food, beverage, fishing, wholesale and retail, and hospitality sectors.  

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    Gas leak at Cape Town recycling company claims four lives on Tuesday

    news News24 reports that four people died following a gas leak on Tuesday at a Cape Town plastic recycling company in Birch Road, Beaconvale, Parow.  

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    Well-known Labour Court judge dies after black mamba bite in Zambia

    labourcourts News24 reports that a Cape Town Labour Court judge has died after he was bitten by a black mamba while on holiday in Zambia.  

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    SWEETBOY XOLANI KHUMALO v MEDIKREDIT INTEGRATED HEALTHCARE SOLUTIONS (PTY) LTD (LC). Summary: (Urgent application " requiring employer and group company to remain affiliated to medical scheme alternatively interdicting the employer parties from terminating the applicants membership of a medical scheme, pending either the outcome of a substantive application to be launched in the labour court or the determination of an unfair labour practice dispute to be referred to arbitration)

    VUSI MALEBANA v SOUTH AFRICAN NUCLEAR ENERGY CORPORATION SOC LIMITED (LC). Summary: Suspension " Authority to suspend vested in the Acting Chief Executive Officer not invoked in the decision. Court will interfere in incomplete disciplinary proceedings if exceptional circumstance are shown.

    JOHANNESBURG METROPOLITAN BUS SERVICES (SOC) LTD v DEMOCRATIC MUNICIPAL AND ALLIED WORKERS UNION (LC). Summary: (Urgent application strike interdict effect of non-compliance with s19 of Labour Relations Amendment Act whether demands part of settlement agreement regulating issues partial relief granted)

    AMCU v SISONKE JABULA MINING (PTY) LTD (LC). Summary: (S 189A (13) application alleged failure to engage in meaningful consultation document detailing names, dates of employment occupations and packages of proposed retrenchees supplied as requested claim that consultation could not be properly conducted on a whole range of issues until list provided consultation on final selection of retrenchees unduly curtailed " limited issues outstanding limited procedural unfairness " limited compensation)


    Latest Cases Blog

    NUMSA OBO E MASANA v GILI PIPE IRRIGATION (PTY) LTD (LAC). Summary: Rescission application . Labour Court dismissing rescission application by employee. Labour Court holding the view that award prescribed and no prospects of success in rescission application . principles relating to prescription restated . Metrobus and Piemans Pantry decisions in Constitutional Court applied - On the facts, prescription had not run its full term; employees right of action had not prescribed . premise upon which application dismissed by Labour court incorrect - Appeal upheld and matter remitted to the Labour Court for consideration of the merits of the rescission application.

    GOLDGRO (PTY) LTD v CAROLINE MCEVOY (LAC). Summary: Alleged Protected disclosure . employee contending that her retrenchment was due to the disclosure she made concerning certain irregularities to the board of which she is a member - the employee caused her attorney to send a letter (the PD letter) to the board concerning: (1) the integrity of the facility for coins held in safekeeping, (2) the integrity of the appellants stance on dealing with lessors to whom turnover rentals were owed, and (3) the merits of an application to place the appellant into business rescue.

    GENET MINERAL PROCESSING (PTY) LTD v CCMA (LAC). Summary: Review of arbitration award . employee dismissed for negligently allowing blockage to occur thereby interrupting production at the plant which caused financial loss to the employer . There was a confusion about the dates when the blockage occurred . the wrong dates initially alleged - commissioner finding that no misconduct committed on the dates initially alleged and that dismissal unfair

    TRANSPORT AND ALLIED WORKERS UNION OF SOUTH AFRICA v ALGOA BUS COMPANY (PTY) LIMITED (LAC). Summary: Condonation for the late filing of the notice of appeal and reinstatement of appeal . union contending that financial constraints limited its ability to brief counsel who will accept its payment condition . court held that an explanation based on the lack of funds will not automatically result in the granting of condonation and that explanation for the delay wholly unsatisfactory as union not providing financial statement proving its financial distress. Application for the reinstatement of the appeal dismissed and matter struck from the roll.

    PIKITUP JOHANNESBURG (SOC) LIMITED v NEIGHBOUR EDWARD MUTERO (LAC). Summary: Enforcing arbitration award in terms of s158(1)(c) of the LRA . Labour Court making award an order of court reinstating employee in former position or any available executive positions and payment of bonuses . employer contending that as the result of the restructuring employees former position downgraded to that of General Management .held that employee was employed in an executive position prior to his dismissal and at the time of his reinstatement there were three vacant executive positions. So even if, as a result of the restructuring of the executive post which employee had occupied before his dismissal, it became impossible for him to be reinstated into that post, he was entitled to be reinstated into any of the other three vacant executive positions. As regards the payment of the bonuses ordered by the Labour Court, court held that payment of bonuses is discretionary and based on performance. Appeal partially upheld.

    MACSTEEL TRADING WADEVILLE v FRANCOIS VAN DER MERWE N.O (LAC). Summary: Review of arbitration award . employer raising union undue delay in prosecuting the review application in its answering affidavit in the review application . Labour Court refusing to consider the undue delay because the employer had not filed a rule 11 application . court finding that by the time review was heard, the application had in effect lapsed and been archived in terms of Practice Manual of the Labour Court- as such the Labour Court had no jurisdiction and should have struck the matter from the roll or give the employer an opportunity to file a separate rule 11 application demonstrating why the matter should be dismissed or struck from the roll on the basis of undue delay. Appeal upheld with costs and Labour Courts judgment set aside.

    WORKERSLIFE DIRECT (PTY) LTD v E MALOKA (LAC). Summary: Specific performance . employee claiming payment of post-employment commissions in terms of a Group Scheme Broker (GBS) contract after resigning . employee contending that he had concluded both an admin contract and a GSB contract with employer and that was entitled both to the benefits of an administrative employee and to the post-termination commission . employer contending that only GSB employees entitled to post-termination and targets commission and disputed the authenticity of the GSB contract - court finding that employee was paid on terms identical to those provided for in the GSB contract and that employee GBS contract probably authentic . Labour Courts judgment upheld and appeal dismissed with costs.

    NKOMATI JOINT VENTURE v CCMA (LAC). Summary: Review of arbitration award . duty of commissioner to assist unrepresented litigants - employer contending that failure by the commissioner to lend a helping hand and to inform it that it was required to re-open its case and lead evidence in rebuttal of employees new version was a gross irregularity

    NATIONAL COMMISSIONER OF THE SOUTH AFRICANPOLICE SERVICE v POPCRU obo A. MEZICHEL (LAC). Summary: Review of the disciplinary sanction imposed by employers appeal authority . appeal authority reversing sanction of dismissal against employee . court finding that appeal authoritys decision irrational and unreasonable in light of the employees conduct.

    TELKOM SA LTD v THE COMMISSION FOR CONCILIATION, MEDIATION AND ARBITRATION (LC). Summary: Jurisdiction of the CCMA to deal with an unfair labour practice dispute emanating from section 189 process. Section 186(2)(a) . failure to appoint the employee to a promotive position created consequent to restructuring and offered as an alternative to retrenchment. Interpretation of section 193(4) of the LRA . remedy of reinstatement and promotion of a retrenched employee.


    M E NYAMANE v MEC: FREE STATE DEPARTMENT OF HEALTH (LC). Summary: An application to review and set aside a decision not to approve re-instatement of the applicant who was deemed discharged by the operation of law. The requirements of good cause shown considered. The Labour Appeal Courts decision in MEC for the Department of Health Western Cape v Weder1 considered in line with what was said in De Villiers v Head of Department: Education Western Cape Province2 and applied. Held: (1) The review application is granted and the matter remitted to the first respondent. Held: (2) There is no order as to costs.

    PREMIER MPUMALANGA PROVINCE v SHERIFF: JOHANNESBURG CENTRAL (LC) Application to recover money attached in terms of writ on the basis that (i) an application for leave to appeal suspended the judgment in terms of which the writ was issued (ii) an order made by agreement in terms of which the writ was stayed and (iii) the appeal succeeded. Court finding that (i) application for leave to appeal was lodged with the registrar outside the prescribed time limits and did not suspend the judgment (ii) the writ was stayed and not suspended and (iii) the causa for the writ was removed when the appeal succeeded. The first respondent is still in possession of the money and can be ordered to release the funds to the applicant. The second respondent took out the writ in terms of rule 45 of the Uniform Rules which provides it is done at her own risk. This includes the liability to pay interest if the judgment on which the writ is based is set aside on appeal.

    DEPARTMENT OF AGRICULTURE &RURAL DEVELOPMENT: LIMPOPO PROVINCIAL GOVERNMENT v M.E. PHOOKO N. O (LC). Summary: An opposed review application where evidence was not led to show the alleged unfair conduct on the part of an employer, it is not possible to determine the question of fairness. In the absence of oral evidence, there must be a stated case, absence of which there is no arbitration. An award issued without hearing evidence is a nullity and it is susceptible to review. Held: (1) The award issued by the first respondent is hereby reviewed and set aside. (2) The dispute is remitted to the second respondent to be determined by another arbitrator other than the first respondent. (3) No order as to costs.

    BYTES MANAGED SOLUTIONS (PTY) LTD v CCMA (LC). Summary: (Review arbitrator failing to allow postponement for applicant to arrange legal representation. arbitrator failing to consider if appropriate cost award would have remedied prejudice to employee (obiter) arbitrator permitting advocate to appear without anything to suggest counsel had been briefed by an attorney also irregular)

    LAGADIEN FADILA v MINISTER OF DEPARTMENT OF SCIENCE AND TECHNOLOGY (LC). Summary: Points in limine of unreasonable delay and lack of jurisdiction where there are prescribed time periods, the common law principle of undue delay does not find application. The Labour Court retains jurisdiction where the referring party alleges automatically unfair dismissal. Until reviewed and set aside by a competent court, a ruling of the commissioner remains binding and effective. Held (1): The points in limine are not upheld. (2): No order as to costs.

    1Case CA4/2013 delivered on 13 May 2014 (LAC).

    2[2010] 31 ILJ 1377 (LC).


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    SWEETBOY XOLANI KHUMALO v MEDIKREDIT INTEGRATED HEALTHCARE SOLUTIONS (PTY) LTD (LC). Summary: (Urgent application " requiring employer and group company to remain affiliated to medical scheme alternatively interdicting the employer parties from terminating the applicants membership of a medical scheme, pending either the outcome of a substantive application to be launched in the labour court or the determination of an unfair labour practice dispute to be referred to arbitration)

    VUSI MALEBANA v SOUTH AFRICAN NUCLEAR ENERGY CORPORATION SOC LIMITED (LC). Summary: Suspension " Authority to suspend vested in the Acting Chief Executive Officer not invoked in the decision. Court will interfere in incomplete disciplinary proceedings if exceptional circumstance are shown.

    JOHANNESBURG METROPOLITAN BUS SERVICES (SOC) LTD v DEMOCRATIC MUNICIPAL AND ALLIED WORKERS UNION (LC). Summary: (Urgent application strike interdict effect of non-compliance with s19 of Labour Relations Amendment Act whether demands part of settlement agreement regulating issues partial relief granted)

    AMCU v SISONKE JABULA MINING (PTY) LTD (LC). Summary: (S 189A (13) application alleged failure to engage in meaningful consultation document detailing names, dates of employment occupations and packages of proposed retrenchees supplied as requested claim that consultation could not be properly conducted on a whole range of issues until list provided consultation on final selection of retrenchees unduly curtailed " limited issues outstanding limited procedural unfairness " limited compensation)