Legalinfo-Comprehensive & updated law libraries, auto suggest keywords, keyword highlighting and blazing fast searches
Legalinfo. South African Case law, Legislation, Labour Law. Search,libraries, Knowledge, ccma case law, Labour Court case law Legalinfo Menu

Tick the jurisdictions you wish to search below

  Constitutional Court      Supreme Court      Labour Court     Recent CCMA      All CCMA   Industrial Court      Legislation      Articles   

Submit Reset
Scroll down for the search results

Legal Information systems employment law, legislation, case law, CCMA arbitrations, Labour Court, Constitutional Court, Supreme Court

Legal Info is a comprehensive legal library and research service that puts updated libraries and powerful, blazing fast searching tools at your fingertips.


  • Comprehensive And Searchable Case Law, Legislation And Articles Databases
  • Supreme Court and Constitutional Court, Labour Court, Industrial Court and CCMA Cases
  • Bargaining Council Agreements, Wages and Sectoral Determinations
  • Regular Case Summaries, Articles, Whats New And Daily Newspaper Scans
  • A Blog for all updates and to bring like-minded people together and share insights
  • Newsletters, Subject Indexes And Advanced Searches With Auto Suggest Keywords

  • 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.  

    Read more ...



    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.  

    Read more ...



    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.  

    Read more ...



    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.  

    Read more ...



    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.  

    Read more ...



    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.  

    Read more ...



    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.  

    Read more ...



    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.  

    Read more ...



    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.  

    Read more ...



    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.  

    Read more ...



    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.  

    Read more ...




    Engineering brain drain is alarming, says civil engineering body Saice

    saice Business Report writes that the SA Institute of Civil Engineering (Saice), one of the biggest voluntary professional organisations in the country with 12,000 members, indicated on Monday that it had lost 1.73% of its members to emigration in the past three years.  

    Read more ...



    Cash-strapped NPA will have to shed over 550 jobs to stay within budget, says Batohi

    NPA BusinessLive reports that the National Prosecuting Authority (NPA) does not have enough money to pay all of its salaries this financial year and will have to slash staff by more than 550 if it is to remain within budget over the medium term.  

    Read more ...



    Five-year suspended sentence for Cape Town driver's licence examiner who took bribes

    gavel thumb100 TimesLIVE reports that a driver's licence examiner who took bribes for learner’s and driver’s licences in Khayelitsha, Cape Town, has been sentenced to a five-year jail term.  

    Read more ...



    Denel pays staff salaries â€" but leaves out pensions contributions

    Denel TimesLIVE reports that employees at state-owned arms manufacturer Denel learned on Tuesday that the company had paid their salaries, but not their pension contributions.  

    Read more ...



    Kenny Kunene's e-hailing business empowers drivers with cars

    YooKoo Ride Sunday Independent reports that while its established competitors in the e-hailing taxi business expect drivers to have their own cars or be employed by a vehicle owner, new player YooKoo Ride is empowering drivers who do not own cars.  

    Read more ...



    Diepsloot taxi drivers, passengers regularly robbed at gunpoint

    gun Independent News reports that in recent weeks, taxi drivers and passengers on the route between Marabastad and Diepsloot have been robbed at gunpoint by criminals posing as passengers.  

    Read more ...



    No beards or tattoos for City of Cape Town law enforcement officers

    CapeTownlogo Saturday Star reports that law enforcement officers in Cape Town can’t sport a beard, a funky moustache or a visible tattoo.  

    Read more ...



    De Beers and partners launch three-year programme for female engineers

    DeBeers ANA reports that diamond company De Beers said on Monday it had launched a three-year partnership with Women in Engineering (WomEng), consumer goods company Unilever and professional services firm EY to develop the next generation of highly skilled female engineers.  

    Read more ...

    Afrisam's collapse caused serious tensions between PIC and GEPF, Mpati inquiry hears

    pic Business Report writes that former Public Investment Corporation (PIC) CEO Dr Daniel Matjila has told of how the collapse of cement company Afrisam, "created serious tensions between the PIC and GEPF (Government Employees Pension Fund)."  

    Read more ...

    Joseph Mathunjwa risks losing Amcu amid questions of identity and direction

    Mathunjwa Miningmx writes that the Association of Mineworkers and Construction Union (Amcu) seems to have reached a plateau after its five-month strike in Sibanye-Stillwater’s gold mines effectively accomplished nothing beyond the impoverishment of its members.  

    Read more ...



    Progress being made in reducing public sector wage bill

    southafricalogo The Star reports that according to Public Service and Administration Minister Senzo Mchunu, government has put measures in place to manage the public sector wage bill.  

    Read more ...




    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.


    MEC FOR THE DEPARTMENT OF EDUCATION WESTERN CAPE GOVERNMENT v MUNIMAH JETHRO N.O (LAC). Summary: Discharge from public service on account of abscondment in terms of the Employment of Educators Act- employer with ill-health related conditions was discharged from employment- his application in terms of 14(2) of the EEA for reinstatement was dismissed because employee had not demonstrated good cause warranting his reinstatement- employee challenging the refusal to reinstatement on the basis of irrationality- employer contending that its conduct does not amount to administrative action and that its decision was rational because employee did not submit sick note evincing his illness

    LUFIL PACKAGING (ISITHEBE) (A division of Bidvest Paperplus (Pty) Ltd) v CCMA (LAC). Summary: Dispute concerning organisational rights - union seeking to exercise its rights by requesting employer to deduct membership fees from its members- employer disputing union organisational rights on the basis that it falls outside the registered scope of union and that employees not eligible under the unions constitution to be members for the purposes of assessing a unions representativeness in terms of Chapter III of the LRA. Employer further argues that because the claimed members are precluded by the unions constitution from becoming its members, any purported admission of such employees as members is ultra vires the unions constitution and invalid. Union contending that that as a registered trade union, representative of the majority of the workers, it has legal standing to claim organisational rights.

    PAILPRINT (PTY) LTD v RICHARD LYSTER N.O CCMA (LAC). Summary: Strike related misconduct - employees dismissed for breaching picketing rule by carrying dangerous weapons in contravention of - picketing rule prohibiting employees from carrying or wielding of any weapons during the strike picket. Held: In finding that the employees were not brandishing or wielding of dangerous weapons as they had been charged but were clearly just carrying sticks in their hands, the arbitrator adopted an unduly technical approach. Appropriate regard was not had to the purpose of the rule and the harm it sought to avoid. As much was evident from the reliance placed by the arbitrator in the determination of the matter on the definition of the word 'wield'. The decision to have a sjambok, PVC pipe and sticks at a protest, at which others were in possession of a golf club and axe, was not only a clear breach but, viewed objectively, was aimed at sending a message which, at the very least, was threatening to others. Within the context of the nature of the strike violence committed, the seriousness of this breach was overlooked by the arbitrator. Arbitration award and judgment of the Labour Court set aside- appeal upheld with costs.

    NUMSA v AVENG TRIDENT STEEL (LAC). Summary: Claim for automatically unfair dismissal on the basis that the reason for the dismissal was the refusal by the employees to accept employers demands in respect of change of conditions of employment in terms of section 187(1)(c) of the LRA - employer embarking on a restructuring in order to increase profitability - in the process of consultation parties agreeing regrading positions in order to save costs pending finalization on the structure - such consideration necessitating change of condition of employment - employees refused amendment of their terms and condition of employment and were dismissed - union contending that such dismissal automatically unfair - court reasoning that the question for determination is when operational requirements may justify the dismissal of employees who reject employer demands to amend terms and conditions of employment judgment in Frys Metal considered and distinguished - Held that while employees cannot be dismissed for refusing to accept a demand, they can be dismissed if that refusal results in a more dominant or proximate operational necessity. This legislative scheme of collective bargaining is in line with the constitutional right of trade unions and employers to engage in collective bargaining in that any limitation of the power play is reasonable and justifiable in the balance struck between the strike weapon and the employers power of implementation at impasse.

    AFGEN (PTY) LTD v NTOMBIZODWA ZIQUBU (LAC). Summary: Review of arbitration award -employee dismissal found substantively unfair - Commissioner granting limited compensation on account that reinstatement impracticable. Appeal Court finding employees relationship with her direct superior did not exist consequently it was impracticable to reinstate employee- Appeal upheld - Court setting aside only the quantum of compensation granted by the commissioner and awarded maximum. Recusal - no basis for the application refused.

    HOSEA MUSHI v EXXARO COAL (PTY) LTD GROOTEGELUK COAL MINE (LAC). Summary: Review of arbitration award - employee dismissed for endangering the life of the foreman and insubordination - employee showing remorse for acting in an incorrect manner - commissioner finding that dismissal not appropriate sanction in accordance with employers disciplinary guideline which provides final warning for insubordination. Held that: In finding that reinstatement with a final written warning was appropriate when there was no evidence that the misconduct committed was so serious and of such gravity that it made a continued employment relationship intolerable, the arbitrator cannot be faulted. No reviewable error or irregularity was committed by him and the decision arrived at was not one which a reasonable decision-maker could not reach on the material before him. Labour Courts judgment set aside. Appeal upheld with costs.

    CITY OF JOHANNESBURG v SAMWU OBO LUCAS MONARENG (LAC). Summary: Whether a public sector employer should provide security in terms of section 145(7)(8)of the Labour Relations Act - employer contending that it is prohibited in terms of the Local Government: Municipal Finance Management Act from furnishing security -â€Å" court upholding principles in Rustenburg Local Municipality that all employers whether in the public or private sector should be subject to the same requirement of providing security thereby disallowing the contrary view adopted in Free State Gambling and Liquor Board.

    IMPERIAL CARGO (PTY) LTD v DETAWU (LAC). Summary: Collective agreement prohibiting strike at plant level in furtherance of demands involving cost and affecting the wage packets of employees. Union notifying employer of its intention to strike - Labour Court finding three of unions demands fall within the impermissible demands but found that demand for re-scheduling drivers trips over weekends not prohibited and not falling within the substantive issues as contemplated in the collective agreement.

    MTN (PTY) LTD v CCMA (LC). Summary: Unopposed application for review in terms of section 145 of the Labour Relations Act, 66 of 1995 - test for review restated - transfer of employee constitutes a demotion if status is diminished even if remuneration is not affected - failure to consult with an employee prior to taking the decision to transfer is procedurally unfair - application dismissed.

    PUTCO (PTY) LTD v SA ROAD PASSENGER BARGAINING COUNCIL (LC). Summary: Labour Court has jurisdiction in terms of s 158 (1) (g) to review decisions by exemption and exemption appeal authorities established by bargaining councils. The threshold for review is the Sidumo test of reasonableness. Decision-makers are required to make decisions on the basis of the evidence before them, with affordability as the primary criterion where that is the basis of the application for exemption. It is not for exemption authorities to engage in Solomonic decision-making more suited to wage arbitrations. Affordability is a factual issue, and must be resolved as such. Exemption authorities must give reasons for their decisions. A failure to do so constitutes a material irregularity. Question remains whether outcome of process is reasonable. Remedy - where employer justifiably has no faith in exemption authorities and where all relevant information is available to the court, appropriate for the court, given the statutory imperative of expeditious dispute resolution, to substitute its decision for that of the decision-maker.