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latest cases

LEGAL AID SOUTH AFRICA v DANIEL CORNELIS THEUNISSEN (LAC). Breach of contract - specific performance - employee contending that employer unlawfully terminating his contract when he reached the retirement age of 60 - employer amending terms and conditions that set the retirement at 60 - employee submitting that in terms of his terms and condition of employment the retirement age is 65- court holding that the determination of the dispute revolves around the interpretation of the employers terms and condition governing the employment - court finding that: In the absence of any express entitlement to retire at the age of 65 years in employees letter of employment, the position applicable to him was governed by Legal Aid SAâs terms and conditions, as amended. Once the 2007 terms and conditions had been revised, employee no longer had any entitlement to retire at 65 years. Instead, the retirement age was set at 60 years in the revised terms and conditions. It follows that employees retirement age is 60 years, as governed by the 2009 and subsequent terms and conditions, as his individual contract of employment does not fall within the narrow ambit of the savings clause. In the light of employees failure to object, and the extensive consultative processes that Legal Aid SA undertook in putting in place the 2009, 2012 and 2015 terms and conditions, the contention that the retirement age was altered unilaterally lacks foundation. Appeal upheld and Labour Courts judgment set aside.

NEHAWU OBO EPHRAIM MADIRA RAMADIKELA v DEPARTMENT OF HOME AFFIARS (LC). Review application in terms of section 145 of the LRA - application of section 144(2)(b) and a commissioner's powers to rescind or vary an arbitration award - variation constituting a new arbitration award - commissioner exceeding his powers in terms of section 144(2)(b) - varied award reviewed and set aside.

PASSENGER RAIL AGENCY OF SOUTH AFRICA v CCMA (LC). Interpretation and application dispute - Commissioner cannot assume jurisdiction to arbitrate an interpretation and application dispute relating to a settlement agreement outside of section 24 of the LRA. Section 198B - Indefinite employees not entitled to rely on section 198B in seeking to secure benefits or equal treatment with fellow employees. Commissioner committed an error of law and/or gross irregularity by applying the remedies available under the unfair labour practice provisions to a section 198B dispute.

GRAHAM GOLIATH v ROCKLANDS POULTRY LOSS CONTROL/SOVEREIGN FOODS (LC). The arbitration award in terms of which the applicant was retrospectively reinstated constitutes a debt to which the provisions of the Prescription Act 68 of 1969 are applicable. The period of prescription starts running when the applicant is dismissed and interrupted when the dismissal dispute is referred to the CCMA for conciliation. To the extent that there was no application to review the arbitration award, interruption of prescription ceased when the award was issued. The award gave rise to a new period of prescription of 30 years. When the applicant filed this application, his award had not prescribed and is still enforceable

Latest Cases

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.

LRA Amendments 2018

Labour Relations Amendments May 2018 BCEA Amendment Bill 2017;

  • BCEA Memorandom of Objects;

  • Employment Services Act 2014;

  • Labour Relations Amendment Bill 2017;

  • LRA Memorandom of Objects;

  • National Minimum Wage Bill;

  • Impact Assessment.

    Click here to download the zipped files.">


  • Legislation Update

    New Minimum Wages: Wholesale & Retail, and Farm and Forestry Worker Sectors  

    New Minimum Wages: Wholesale and Retail Sector: 01 February 2018 to 31 January 2019

    Please follow the link to download the new minimum wages

    New Minimum Wages: Farm and Forestry workers Sectors: 01 March 2018 to 28 February 2019

    Please follow the link to download the new minimum wages



    Domestic Workers

    Domestic Workers Wage Increase

    The Minister of Labour, on 15 December 2017, gazetted new minimum wage rates for the Domestic Worker Sector effective from 1 January 2018.

    To view the amended wage schedules click here.

    Hospitality Sector

    Hospitality sector minimum wage for 2017/2018 by Lloyd Ramutloa -- last modified 2017-07-03 13:11 3 July 2017 The minimum wage for South Africa's vulnerable sector of hospitality has been revised upward with effect from 01 July 2017.

    The new Hospitality Sectoral Determination which governs minimum wage rate in the sector will be effective until 30 June 2018.

    The minimum rate for employers with 10 or less employees will be a monthly wage of R3 193.12 (2016/2017: R2 959.35); a weekly rate of R736.92 (2016/2017: R689.97); and an hourly rate of R16.36 (2016/2017: R15.17).

    The new wages for employers with more than 10 employees will be a minimum monthly rate of R3 559.10 (2016/2017: R3 298.52); a weekly rate of R821.34 (2016/2017: R761.25); and an hourly rate of R18.25 (2016/2017: R16.91).

    The latest increase was arrived at using the consumer price index of 6.4 percent plus 1.5 percent. The total increase is 7.9 percent.

    Minimum Wages Farm, Forestry 2017

    Wholesale & Retail Wage Increase

    COIDA

    Compensation for Occupational Injuries and Diseases Act 130 of 1993, as amended

    Amendment of Schedule 4 of Act 130 of 1993 :
    Manner of calculating compensation
    GN 448 39931/15-04-2016
    Annual increases in medical tariffs for medical services providers
    GenN 256/GG 39955/26-04-2016
    GenN 257/GG 39956/26-04-2016
    Increase in monthly pensions
    GN 447/GG 39931/15-04-2016
    Increase of maximum amount of earnings on which the assessment of an employer shall be calculated
    GN 449/GG 39931/15-04-2016
    Rules, Forms and Particulars
    GN 444/GG 39928/15-04-2016


    Latest Cases

    Earnings threshold

    I, Mildred Nelisiwe Oliphant, Minister of Labour, in terms of Section 6(3) of the Basic Conditions of Employment Act, No. 75 of 1997, (the Act), determine that all employees earning in excess of R205 433.30 (two hundred and five thousand, four hundred and thirtythree rand, thirty cents) per annum be excluded from sections 9, 10, 11, 12, 14, 15, 16, 17(2), 18(3) of the Act with effect from 1 July 2014.

    For the purposes of this notice:

    "Earnings" means the regular annual remuneration before deductions, i.e. income tax, pension, medical and similar payments but excluding similar payments (contributions) made by the employer in respect of the employee: Provided that subsistence and transport allowances received, achievement awards and payments for overtime worked shall not be regarded as remuneration for the purpose of this notice.

    MN OLIPHANT, MP

    MINISTER OF LABOUR

    STAATSKOERANT, 1 JULIE 2014 No. 37795 3

    This gazette is also available free online at www.gpwonline.co.za

    GOVERNMENT NOTICE