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
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
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
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.