CONSTITUTIONAL COURT OF SOUTH AFRICA. Food and Allied Workers Union obo J Gaoshubelwe v Pieman s Pantry (Pty) Limited MEDIA SUMMARY
|
|
- Moses Gibbs
- 5 years ago
- Views:
Transcription
1 CONSTITUTIONAL COURT OF SOUTH AFRICA Food and Allied Workers Union obo J Gaoshubelwe v Pieman s Pantry (Pty) Limited 1 CCT 236/16 Date of hearing: 3 August 2017 Date of judgment: 20 March 2018 MEDIA SUMMARY The following explanatory note is provided to assist the media in reporting this case and is not binding on the Constitutional Court or any member of the Court. On 20 March 2018, the Constitutional Court handed down a judgment in an appeal against the judgment and order of the Labour Appeal Court (LAC) granted against Food and Allied Workers Union (FAWU) to the effect that its claim for unfair dismissal against Pieman s Pantry (Pty) Ltd (Pieman s) had prescribed. In reaching this decision, the LAC concluded that the Prescription Act 68 of 1969 (Prescription Act) applies to claims for unfair dismissal under section 191 of the Labour Relations Act 66 of 1995 (LRA), and that referral of a dispute to conciliation does not interrupt prescription. During June 2001, FAWU and Pieman s were engaged in wage negotiations which resulted in what Pieman s alleges was an unprotected strike by its employees and members of FAWU. On 1 August 2001, FAWU s members were dismissed for their alleged participation in the unprotected strike, after a disciplinary hearing was convened. Upon the dismissal of its members, FAWU referred an unfair dismissal dispute to the Commission for Conciliation, Mediation and Arbitration (CCMA), in terms of section 191(1) of the LRA, for conciliation on 7 August On 3 September 2001, the CCMA certified that the dispute remained unresolved. Thereafter, FAWU referred the matter to the CCMA for arbitration. On 15 March 2002, the CCMA ruled that it did not have jurisdiction to arbitrate the dispute because the alleged reason for the dismissal related to participation in a strike that did not comply with the provisions of Chapter IV of the LRA. FAWU subsequently launched a review application which was dismissed by the Labour Court (LC) on 9 December On 16 March 2005, FAWU referred the claim to the Labour Court for adjudication in terms of section 191(5)(b) of the LRA. In response, Pieman s pleaded that the claim had prescribed and contended that the statement of claim
2 had been delivered late without a proper application for condonation. The LC subsequently granted FAWU s application for condonation of the late filing of its statement of claim on 22 June 2008 and dismissed Pieman s plea of prescription. On 24 June 2009, the parties agreed to vary the LC s order of 22 June 2008 dismissing the prescription plea and that Pieman s prescription point be adjudicated separately. In the LC, FAWU challenged the dismissal of its members on the basis that the dismissal was substantially and procedurally unfair. Pieman s objected to FAWU s claims by contending, amongst other things, that FAWU s claim had prescribed in terms of the Prescription Act. The LC upheld the plea of prescription on 15 August 2014 holding that the Prescription Act applies to labour disputes; particularly unfair dismissal claims. The LC further rejected FAWU s suggestion that the referral of a dispute for conciliation to the CCMA interrupted the running of prescription and, as a result, held that FAWU s claim had indeed prescribed. FAWU then appealed to the LAC against the LC s judgment upholding the plea of prescription. The LAC dealt with four points of contention which were raised by FAWU. First, the LAC considered FAWU s argument that in the light of the fact that the interpretation of statues must be driven by section 39(2) of the Constitution, which obliges a court to harmonise existing law with constitutional values, the LAC s decision in Myathaza v Johannesburg Metropolitan Bus Service (Soc) Limited t/a Metrobus (Myathaza) was wrong insofar as it failed to comply with this obligation. The LAC rejected FAWU s contention on the ground that there was no support for it to come to the conclusion that the decision in Myathaza was wrong. As a result, the LAC concluded that it was bound by its earlier decision in Myathaza. Second, the LAC considered FAWU s argument that to apply the Prescription Act to labour disputes would undermine the objectives of labour peace aimed to be fulfilled through the LRA s specific remedies and procedures. The LAC agreed that the LRA scheme has created a set of rights which are uncommon and unknown to our common law. But it rejected the argument that public interest considerations which seek to promote the advancement of labour peace imply that the extinction of a labour dispute by prescription is contrary to the aims and purposes of the LRA. The LAC concluded that, without a constitutional challenge to the prescription, the policy considerations raised by FAWU were irrelevant to determining whether the Prescription Act applied. Third, the LAC considered FAWU s argument that the litigation regime under the LRA is inconsistent with the Prescription Act, as contemplated in section 16(1) of the Prescription Act (which provides for the exclusion of the operation of the Prescription Act if its provisions are inconsistent with another Act that prescribes a specific prescription period in a given context). The LAC held that the crucial question is whether the provisions of the LRA and the Prescription Act give rise to a functional inconsistency. If the two are capable of being reconciled, there is no inconsistency. Unlike the Prescription Act, section 191 does not extinguish a claim but rather regulates the process whereby proceedings are instituted. Accordingly, the LAC held that the two Acts are compatible and therefore reconcilable. 2
3 Fourth, the LAC dealt with FAWU s contention that a claim for unfair dismissal does not constitute a debt for the purposes of the Prescription Act. The LAC concluded that the debt in this instance could be described as the workers claim of right, namely that their employment was terminated unfairly and that the unfairness should be remedied. As a result, the LAC concluded that the Prescription Act applied to all litigation proceedings under the LRA, specifically unfair dismissal referrals. In deciding whether FAWU s claim had prescribed, the LAC upheld FAWU s contention that the debt, which is the right not to be unfairly dismissed, arose upon dismissal and as such prescription began to run upon the dismissal of the employees. However the LAC rejected the contention that the referral of the dispute to the CCMA is a process which interrupts prescription. The LAC held that a referral to the CCMA is merely a functional requirement and is a condition precedent to approaching the LC. The LAC concluded that FAWU s claim had indeed prescribed as prescription began running from the date of dismissal. In the Constitutional Court, FAWU made four main submissions: (1) that the Prescription Act does not apply to unfair dismissal disputes in terms of section 191 of the LRA; (2) that prescription was interrupted by the referral of the dispute to the CCMA; (3) that a purposive interpretation of the relevant provisions, read with section 39(2) of the Constitution, requires that the Prescription Act not apply to claims under section 191 of the LRA; and (4) that this Court s decisions in Myathaza and Mogaila v Coca Fortune (Pty) Ltd mean that the appeal must succeed. Pieman s, in turn, made three principal submissions: (1) that a claim for unfair dismissal under the LRA is a debt for the purposes of the Prescription Act; (2) that there is no inconsistency between the Prescription Act and the LRA dispute resolution procedures; and (3) that the claim in this case has prescribed as the referral to conciliation did not interrupt prescription. The Constitutional Court considered two primary issues. First, whether the Prescription Act applies to litigation under the LRA, and second, whether the unfair dismissal dispute referred by FAWU to the LC on behalf the employees of Pieman s had prescribed. The first judgment, written by Zondi AJ (Mogoeng CJ, Zondo DCJ and Jafta J concurring), finds that, on a holistic assessment of the LRA and the Prescription Act, the provisions of the Prescription Act are inconsistent with section 191 of the LRA, to the extent that there are material differences between the two statutes. One material difference, states Zondi AJ, is the differently stipulated time periods in which to institute litigation under the two statutes. Under section 191 of the LRA a dispute about an unfair dismissal must be referred to a bargaining council or the CCMA within 30 days of the date of dismissal. In the event that the bargaining council or CCMA has certified that the dispute remains unresolved or if 30 days has passed since the referral, and the dispute remains unresolved, the dispute may be referred, within 90 days, to a bargaining council or the CCMA for arbitration, or the LC for adjudication. Subject to good cause being shown section 191 empowers the CCMA to condone late referrals to conciliation, and authorises the LC to condone delays in referring conciliated disputes to it. Zondi AJ holds that the need to apply the Prescription 3
4 Act does not arise when there has been compliance with the above time frames, and neither does it apply when condonation has been refused by the CCMA, as this would signal the end of the matter, because without conciliation the LC has no jurisdiction to adjudicate the dispute. As the delay in question may extend beyond the three year prescription period contemplated in the Prescription Act, Zondi AJ states that the provision for condonation in the LRA is alien to the concept and scheme of the Prescription Act. He further states that if the Prescription Act applies to litigation under the LRA, it will limit the CCMA s and LC s power to permit late referral of disputes, and it will deprive employees of their right to refer disputes to these fora. In light of this inconsistency between the two statutes, Zondi AJ concludes that the Prescription Act does not apply to litigation under section 191 of the LRA. In a separate judgment concurring in the first judgment, Zondo DCJ held that the Prescription Act does not apply to unfair dismissal disputes or claims under the LRA and such disputes or claims are only subject to the periods provided for in the dispute resolution system of the LRA. Zondo DCJ pointed out that this was so because the dispute resolution system created by the LRA is a self-standing system that was carefully crafted with a view to striking a fair balance between the interests of workers and those of employers. Zondo DCJ stated that interpreting the LRA so as to bring the Prescription Act into the LRA dispute resolution system undermines this purpose and unduly tilts the balance in favour of employers to the detriment of workers. Zondo DCJ took the view that applying the Prescription Act to unfair dismissal disputes under the LRA enables employers to use both the LRA and the Prescription Act to avoid liability for unfair dismissal claims whereas, if the LRA is interpreted so as to exclude the Prescription Act, both workers and employers are confined to the LRA in dealing with unfair dismissal disputes. On this approach common law disputes of wrongful dismissals would remain subject to prescription periods under the Prescription Act but unfair dismissal disputes or claims would not be subject to the Prescription Act and its prescription period but subject only to the periods specified in the LRA. Zondo DCJ also stated that there is a conflict between the requirements that workers are obliged to satisfy under the LRA if they want to avoid forfeiting their unfair dismissal claims and those they would be required to satisfy if the Prescription Act applied to unfair dismissal claims and they sought to avoid forfeiting their claims under the Prescription Act and section 210 of the LRA provides that, when there is a conflict between the LRA and any other Act of Parliament, the provisions of the LRA prevail. Zondo DCJ would have for these reasons upheld the union s appeal. In the third judgment written by Kollapen AJ (Cameron J, Froneman J, Kathree-Setiloane AJ, Madlanga J, Mhlantla J and Theron J concurring) Kollapen AJ held that the provisions of the Prescription Act and those of the LRA are consistent and compatible with one another. In reaching this conclusion, he observed that what must first be established is whether, what is being asserted is a debt in terms of section 16(1) of the Prescription Act. In this respect, the Kollapen AJ held that a claim for unfair dismissal constitutes a debt as contemplated in section 16(1). 4
5 Kollapen AJ noted that once it is established that a claim for unfair dismissal constitutes a debt; the next leg of the enquiry is to determine whether a consistency between the two Acts exists. He agreed with the reasoning of the LAC judgment, that the mere fact that the Prescription Act and the LRA deal with time periods or impose conditions, does not demonstrate an inconsistency, it merely triggers the risk of inconsistency. He held that for an inconsistency to arise, a further enquiry into whether the two Acts are inconsistent with section 16(1) of the Prescription Act is required. He then concluded that the provisions of the Prescription Act and the LRA are consistent with each other, in so far as they relate to time periods and that the time periods in section 191 of the LRA which deal with when a litigant is expected to take the necessary steps to resolve a dispute, cannot be found to be inconsistent with those in the Prescription Act which provide a cut-off point when those steps can no longer be taken, because both time periods seek to achieve different objectives. Kollapen AJ held that had the LRA provided for prescription periods, as the Prescription Act does, then the inconsistency envisaged in section 16(1) of the Prescription Act would have been clear. He found that the time periods in the LRA and the Prescription Act are not only reconcilable but can exist in harmony alongside each other. Further, Kollapen AJ addressed the meaning of good cause at any time as contemplated in terms of section 191(2) of the LRA. He held that interpreting the phrase at any time to mean that a party may refer a dispute to conciliation at any time notwithstanding the 30 and 90 days in section 191(2) would be inconsistent with the very objectives of the LRA, which seek to advance expeditious resolution of disputes. He concluded that the phrase at any time does not extend the time frames of 30 and 90 days in section 191(2) of the LRA and thus do not provide a basis for an inconsistency argument with the Prescription Act. Finally, Kollapen AJ dealt with whether a referral of a matter to conciliation interrupted prescription and in answering this question; he had to determine whether a referral to conciliation constituted a document which commences legal proceedings in terms of section 15(6) of the Prescription Act. He held that the referral of disputes to the CCMA for conciliation constitutes the service of a process commencing legal proceedings. He concluded that although the debt became due on 1 August 2001, it was interrupted by the referral to conciliation on 7 August 2001 and continued to be interrupted until the review proceedings on 9 December He further concluded that when the dispute was referred to the Labour Court on 16 March 2005, it had not prescribed and for these reasons the he upheld the appeal. In conclusion, the third judgment concurred with the order of the first judgment. 5
CONSTITUTIONAL COURT OF SOUTH AFRICA PIEMAN S PANTRY (PTY) LIMITED
CONSTITUTIONAL COURT OF SOUTH AFRICA In the matter between: Case CCT 236/16 FOOD AND ALLIED WORKERS UNION obo J GAOSHUBELWE Applicant and PIEMAN S PANTRY (PTY) LIMITED Respondent Neutral citation: Food
More informationCONSTITUTIONAL COURT OF SOUTH AFRICA COCA COLA FORTUNE (PTY) LIMITED. Neutral citation: Mogaila v Coca Cola Fortune (Pty) Limited [2017] ZACC 6
CONSTITUTIONAL COURT OF SOUTH AFRICA In the matter between: Case CCT 76/16 MARIA JANE MOGAILA Applicant and COCA COLA FORTUNE (PTY) LIMITED Respondent Neutral citation: Mogaila v Coca Cola Fortune (Pty)
More informationIN THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG JUDGMENT
IN THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG JUDGMENT Not reportable Case no. JR 2422/08 In the matter between: GEORGE TOBA Applicant and MOLOPO LOCAL MUNICIPALITY First Respondent SOUTH AFRICAN LOCAL
More informationIN THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG
IN THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG Reportable Case no: JS 895/16 In the matter between: TILLY LABE Applicant And LEGAL AID SOUTH AFRICA BRAIN NAIR PATRICK HUNDERMARK FLAVIA ISOLA AYSHA ISMAIL
More informationIN THE LABOUR COURT OF SOUTH AFRICA (HELD AT BRAAMFONTEIN) GOLD FIELDS MINING SOUTH AFRICA (PTY) LTD (KLOOF GOLD MINE) Applicant
IN THE LABOUR COURT OF SOUTH AFRICA (HELD AT BRAAMFONTEIN) CASE NO: JR 2006/08 GOLD FIELDS MINING SOUTH AFRICA (PTY) LTD (KLOOF GOLD MINE) Applicant and COMMISSION FOR CONCILIATION, MEDIATION AND ARBITRATION
More informationTHE LABOUR COURT OF SOUTH AFRICA, HELD AT JOHANNESBURG
Of interest to other Judges THE LABOUR COURT OF SOUTH AFRICA, In the matter between: HELD AT JOHANNESBURG Case no: J1746/18 JOHANNESBURG METROPOLITAN BUS SERVICES SOC LTD Applicant and DEMOCRATIC MUNCIPAL
More informationIN THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG
IN THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG Reportable Case no: JA 80/16 In the matter between: PARDON RUKWAYA AND 31 OTHERS Appellants and THE KITCHEN BAR RESTAURANT Respondent Heard: 03 May 2017
More informationCONSTITUTIONAL COURT OF SOUTH AFRICA MUYIWA GBENGA-OLUWATOYE
CONSTITUTIONAL COURT OF SOUTH AFRICA In the matter between: Case CCT 41/16 MUYIWA GBENGA-OLUWATOYE Applicant and RECKITT BENCKISER SOUTH AFRICA (PTY) LIMITED NADEEM BAIG N.O. First Respondent Second Respondent
More informationREPUBLIC OF SOUTH AFRICA IN THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG JUDGMENT MOKGAETJI BERNICE KEKANA
REPUBLIC OF SOUTH AFRICA IN THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG JUDGMENT Not Reportable Case no: J 2536/12 In the matter between: MOKGAETJI BERNICE KEKANA Applicant and DEPARTMENT OF HEALTH
More informationTHE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG JUDGMENT Not Reportable
THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG JUDGMENT Not Reportable Case no: JR2422/14 COLONEL MOSEDI JONAS LEKHOENEHA Applicant and MINISTER OF POLICE Respondent Heard: 6 January 2016 Delivered: 8
More informationIN THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG NUPSAW OBO NOLUTHANDO LENGS
IN THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG Not Reportable Case no: JR 2494/16 In the matter between: NUPSAW OBO NOLUTHANDO LENGS Applicant and GENERAL SECRETARY OF THE GENERAL PUBLIC SERVICE SECTORAL
More informationREPUBLIC OF SOUTH AFRICA THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG JUDGMENT
REPUBLIC OF SOUTH AFRICA THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG JUDGMENT Not Reportable Case no: JS 15/2013 KONDILE BANKANE JOHN Applicant and M TECH INDUSTRIAL Respondent Heard: 14 October 201
More informationTHE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG JUDGMENT
THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG JUDGMENT Not Reportable Case no: JR1679/13 In the matter between: SIZANO ADAM MAHLANGU Applicant and COMMISION FOR CONCILIATION, MEDIATION AND ARBITRATION
More informationREPUBLIC OF SOUTH AFRICA IN THE LABOUR COURT OF SOUTH AFRICA, PORT ELIZABETH JUDGMENT
1 REPUBLIC OF SOUTH AFRICA IN THE LABOUR COURT OF SOUTH AFRICA, PORT ELIZABETH JUDGMENT Not reportable Case no: P 341/11 In the matter between: BRIAN SCHROEDER GRAHAM SUTHERLAND First Applicant Second
More informationCONSTITUTIONAL COURT OF SOUTH AFRICA
CONSTITUTIONAL COURT OF SOUTH AFRICA In the matter between: Case CCT 76/17 ECONOMIC FREEDOM FIGHTERS UNITED DEMOCRATIC MOVEMENT CONGRESS OF THE PEOPLE DEMOCRATIC ALLIANCE First Applicant Second Applicant
More informationTHE LABOUR COURT OF SOUTH AFRICA (HELD AT JOHANNESBURG) JOHANNESBURG CITY PARKS ADVOCATE JAFTA MPHAHLANI N.O.
THE LABOUR COURT OF SOUTH AFRICA (HELD AT JOHANNESBURG) In the matter between: CASE NO. JR 1028/06 JOHANNESBURG CITY PARKS Applicant And ADVOCATE JAFTA MPHAHLANI N.O. THE SOUTH AFRICAN LOCAL GOVERNMENT
More informationCONSTITUTIONAL COURT OF SOUTH AFRICA
CONSTITUTIONAL COURT OF SOUTH AFRICA In the matter between: Case CCT 208/17 ALAN GEORGE MARSHALL N.O. RENE PIETER DE WET N.O. KNOWLEDGE LWAZI MBOYI N.O. JOHN ANDREW DE BLAQUIERE MARTIN N.O. RAY SIPHOSOMHLE
More informationIN THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG. NATIONAL UNION OF METALWORKERS OF SOUTH AFRICA obo ANDREW MATABANE
IN THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG In the matter between: Not Reportable Case no: JR 1343/10 NATIONAL UNION OF METALWORKERS OF SOUTH AFRICA obo ANDREW MATABANE Applicant and FABRICATED STEEL
More informationIN THE LABOUR COURT OF SOUTH AFRICA HELD AT JOHANNESBURG CASE NUMBER: J 3275/98. In the matter between:
IN THE LABOUR COURT OF SOUTH AFRICA HELD AT JOHANNESBURG CASE NUMBER: J 3275/98 In the matter between: SUN INTERNATIONAL (SOUTH AFRICA) LIMITED TRADING AS MORULA SUN HOTEL AND CASINO and COMMISSION FOR
More informationTHE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG
THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG Reportable Case no: J 1499/17 LATOYA SAMANTHA SMITH CHRISTINAH MOKGADI MAHLANE First Applicant Second Applicant and OFFICE OF THE CHIEF JUSTICE MEMME SEJOSENGWE
More informationCONSTITUTIONAL COURT OF SOUTH AFRICA. Case CCT 3/03 VOLKSWAGEN OF SOUTH AFRICA (PTY) LTD JUDGMENT
CONSTITUTIONAL COURT OF SOUTH AFRICA Case CCT 3/03 XINWA and 1335 OTHERS Applicants versus VOLKSWAGEN OF SOUTH AFRICA (PTY) LTD Respondent Decided on : 4 April 2003 JUDGMENT THE COURT: [1] The applicants
More informationCONSTITUTIONAL COURT OF SOUTH AFRICA
CONSTITUTIONAL COURT OF SOUTH AFRICA In the matter between: Case CCT 179/16 MAMAHULE COMMUNAL PROPERTY ASSOCIATION MAMAHULE COMMUNITY MAMAHULE TRADITIONAL AUTHORITY OCCUPIERS OF THE FARM KALKFONTEIN First
More informationIN THE LABOUR COURT OF SOUTH AFRICA (HELD IN JOHANNESBURG)
IN THE LABOUR COURT OF SOUTH AFRICA (HELD IN JOHANNESBURG) Case number: JR2343/05 In the matter between: SEEFF RESIDENTIAL PROPERTIES Applicant And COMMISSIONER N. MBHELE N.O First Respondent COMMISSION
More informationIN THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG AMCU OBO L.S. RANTHO & 158 OTHERS SAMANCOR WESTERN CHROME MINES JUDGMENT: POINT IN LIMINE
IN THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG Not Reportable Case no: JS 2015/14 & JS 406/14 In the matter between AMCU OBO L.S. RANTHO & 158 OTHERS TEBOGO MOSES MATHIBA First Applicant Second Applicant
More informationCONSTITUTIONAL COURT OF SOUTH AFRICA
CONSTITUTIONAL COURT OF SOUTH AFRICA In the matter between: Case CCT 187/17 SIAN FERGUSON YOLANDA DYANTYI SIMAMKELE HELENI First Applicant Second Applicant Third Applicant and RHODES UNIVERSITY Respondent
More informationSouth African Police Service v Police and Prisons Civil Rights Union and Another ( CCT 89/10) [2011] ZACC 21 (9 June 2011)
South African Police Service v Police and Prisons Civil Rights Union and Another ( CCT 89/10) [2011] ZACC 21 (9 June 2011) CONSTITUTIONAL COURT OF SOUTH AFRICA Case CCT 89/10 [2011] ZACC 21 In the matter
More informationHELD AT BRAAMFONTEIN
Reportable Delivered 180211 Edited 280311 IN THE LABOUR COURT OF SOUTH AFRICA HELD AT BRAAMFONTEIN CASE NO J253/11 In the matter between: CITY OF JOHANNESBURG METROPOLITAN MUNICIPALITY 1 ST APPLICANT JOHANNESBURG
More informationIn the matter between: UNIVERSITY OF PRETORIA JUDGMENT. [1] This is an application in terms of which applicant seeks the following declaratory orders:
IN THE LABOUR COURT OF SOUTH AFRICA HELD IN JOHANNESBURG In the matter between: UNIVERSITY OF PRETORIA AND COMMISSION FOR CONCILIATION MEDIATION & ARBITRATION COMMISSIONER JANSEN VAN VUUREN N.O JUDITH
More informationTHE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG DEPARTMENT OF HOME AFFAIRS
THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG Reportable In the matter between: Case no: JR2134/15 DEPARTMENT OF HOME AFFAIRS Applicant and GENERAL PUBLIC SERVICE SECTORAL First Respondent BARGAINING
More informationTHE LABOUR COURT OF SOUTH AFRICA, CAPE TOWN JUDGMENT
REPUBLIC OF SOUTH AFRICA Not reportable Of interest to other judges THE LABOUR COURT OF SOUTH AFRICA, CAPE TOWN JUDGMENT Case no: C 717/13 In the matter between: REAGAN JOHN ERNSTZEN Applicant and RELIANCE
More informationSTALLION SECURITY (PTY) LTD JUDGMENT. [1] This is an application for leave to appeal against the order which this Court
IN THE LABOUR COURT OF SOUTH AFRICA HELD IN JOHANNESBURG REPORTABLE CASE NO: J2023/08 In the matter between: S A TSOTETSI APPLICANT AND STALLION SECURITY (PTY) LTD RESPONDENT JUDGMENT Molahlehi J Introduction
More informationTHE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG JUDGMENT
THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG In the matter between: JUDGMENT Not Reportable Case no: JR1859/13 NJR STEEL HOLDINGS (PTY) LTD NJR STEEL - PRETORIA EAST (PTY) LTD First Applicant Second
More informationREPUBLIC OF SOUTH AFRICA THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG JUDGMENT DENNIS PEARSON AND 14 OTHERS
1 REPUBLIC OF SOUTH AFRICA THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG JUDGMENT Not Reportable CASE NO: JS 1135/12 In the matter between: DENNIS PEARSON AND 14 OTHERS Applicant and TS AFRIKA CATERING
More informationREPUBLIC OF SOUTH AFRICA IN THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG JUDGMENT. PUBLIC SERVANTS ASSOCIATION OF SOUTH AFRICA obo P W MODITSWE
REPUBLIC OF SOUTH AFRICA IN THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG JUDGMENT Reportable Case no: JR 1702/12 In the matter between - PUBLIC SERVANTS ASSOCIATION OF SOUTH AFRICA obo P W MODITSWE Applicant
More information1 From the General Secretary's desk...1
In this Issue: DECEMBER 2017 1 From the General Secretary's desk...1 2 Developments in Labour Law: Medical certificates from traditional health practitioners...1 Powers of bargaining council confirmed...3
More informationIN THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG
IN THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG Not Reportable Case no: J 1512/17 In the matter between: SANDI MAJAVU Applicant and LESEDI LOCAL MUNICIPALITY ISAAC RAMPEDI N.O SPEAKER OF LESEDI LOCAL
More informationIN THE LABOUR COURT OF SOUTH AFRICA, CAPE TOWN JUDGMENT
. IN THE LABOUR COURT OF SOUTH AFRICA, CAPE TOWN JUDGMENT Reportable Case Number: C604/2012 In the matter between: ZAMEKA AGATHA DUMA Applicant and MINISTER OF CORRECTIONAL SERVICES NATIONAL COMMISSIONER,
More informationREPUBLIC OF SOUTH AFRICA IN THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG JUDGMENT KHULULEKILE LAWRENCE MCHUBA PASSENGER RAIL AGENCY OF SOUTH AFRICA
REPUBLIC OF SOUTH AFRICA IN THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG JUDGMENT Not Reportable Case no: J 392/14 In the matter between KHULULEKILE LAWRENCE MCHUBA Applicant and PASSENGER RAIL AGENCY
More informationTHE LABOUR COURT OF SOUTH AFRICA, HELD AT JOHANNESBURG
Not reportable THE LABOUR COURT OF SOUTH AFRICA, In the matter between: HELD AT JOHANNESBURG Case no: D 955/17 SOS PROTEC SURE Applicant and SOUTH AFRICAN REVOLUTIONARY ALLIED WORKERS UNION Respondent
More informationREPUBLIC OF SOUTH AFRICA THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG JUDGMENT
REPUBLIC OF SOUTH AFRICA THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG JUDGMENT Not Reportable Case no: J1982/2013 In the matter between: NUMSA obo MEMBERS Applicant And MURRAY AND ROBERTS PROJECTS First
More informationCONSTITUTIONAL COURT OF SOUTH AFRICA MINISTER OF DEFENCE AND MILITARY VETERANS
CONSTITUTIONAL COURT OF SOUTH AFRICA In the matter between: Case CCT 168/14 MINISTER OF DEFENCE AND MILITARY VETERANS Applicant and LIESL-LENORE THOMAS Respondent Neutral citation: Minister of Defence
More informationREPUBLIC OF SOUTH AFRICA THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG JUDGMENT
REPUBLIC OF SOUTH AFRICA THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG JUDGMENT In the matter between: Case No: JR 730/12 Not Reportable DUNYISWA MAQUNGO Applicant andand LUVUYO QINA N.O First Respondent
More information[1] In this matter the Court is called upon to decide two issues. They both
IN THE LABOUR COURT OF COURT AFRICA Held in Johannesburg Case no. J2456/98 In the matter between TIGER WHEELS BABELEGI (PTY) LTD t/a TSW INTERNATIONAL Applicant and NATIONAL UNION OF METAL WORKERS OF SOUTH
More informationCONSTITUTIONAL COURT OF SOUTH AFRICA
CONSTITUTIONAL COURT OF SOUTH AFRICA In the matter between: Case CCT 200/16 SINETHEMBA MTOKONYA Applicant and MINISTER OF POLICE Respondent Neutral citation: Mtokonya v Minister of Police [2017] ZACC 33
More informationREPUBLIC OF SOUTH AFRICA IN THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG JUDGMENT
REPUBLIC OF SOUTH AFRICA IN THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG JUDGMENT Not reportable Case no: JR 1231/12 In the matter between: PAUL REFILOE MAHAMO Applicant And CMC di RAVENNA SOUTH AFRICA
More informationTHE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG JUDGMENT
THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG JUDGMENT Not reportable Case no: JR 1906/2016 In the matter between ELIZABETH LEE MING Applicant and MMI GROUP LTD KAREN DE VILLIERS N.O. First Respondent
More informationIN THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG
IN THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG Reportable Case no: JS1162/14 & J2361-14 In the matter between: SACCAWU P DZIVHANI AND 12 OTHERS First Applicant Second to Further Applicants and SOUTHERN
More informationTHE SUPREME COURT OF APPEAL OF SOUTH AFRICA JUDGMENT. ethekwini MUNICIPALITY
THE SUPREME COURT OF APPEAL OF SOUTH AFRICA JUDGMENT Reportable Case No: 1068/2016 In the matter between: ethekwini MUNICIPALITY APPELLANT and MOUNTHAVEN (PTY) LTD RESPONDENT Neutral citation: ethekwini
More informationREPUBLIC OF SOUTH AFRICA THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG JUDGEMENT
REPUBLIC OF SOUTH AFRICA THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG JUDGEMENT Not Reportable In the matter between: Case no: JR 2634/13 SUNDUZA DORAH BALOYI Applicant and COMMISSION FOR CONCILIATION
More informationCONSTITUTIONAL COURT OF SOUTH AFRICA NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS. Kruger v National Director of Public Prosecutions [2018] ZACC 13
CONSTITUTIONAL COURT OF SOUTH AFRICA In the matter between: Case CCT 336/17 ARRIE WILLEM KRUGER Applicant and NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS Respondent Neutral citation: Kruger v National Director
More informationREPUBLIC OF SOUTH AFRICA THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG JUDGMENT. T/A KFC v ALEN FRASER
REPUBLIC OF SOUTH AFRICA THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG JUDGMENT Not Reportable Case no: J1421/13 In the matter between: BEVERAL INVESTMENT T/A KFC v ALEN FRASER Applicant And ALEN FRASER
More informationPENNY FARTHING ENGINEERING (PTY) LTD
1 THE LABOUR COURT OF SOUTH AFRICA, PORT ELIZABETH Not Reportable In the matter between: Case no: PR 61/17 JOHNY BARENDS Applicant and BARGAINING COUNCIL FOR CIVIL ENGINEERING INDUSTRY COMMISSIONER THEMBA
More informationTHE LABOUR COURT OF SOUTH AFRICA, CAPE TOWN JUDGMENT
THE LABOUR COURT OF SOUTH AFRICA, CAPE TOWN JUDGMENT Reportable Case no: C 700 / 16 In the matter between: REVON ADAMS Applicant and NATIONAL BARGAINING COUNCIL FOR THE ROAD FRIEGHT AND LOGISTICS INDUSTRY
More informationIn the matter between:
REPUBLIC OF SOUTH AFRICA Not reportable THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG JUDGMENT Case no: JR 868/13 In the matter between: PASSENGER RAIL AGENCY OF SOUTH AFRICA APPLICANT and COMMISSION
More informationTHE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG JUDGMENT
REPUBLIC OF SOUTH AFRICA THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG JUDGMENT Not Reportable Case no: JR 663/05 In the matter between: EDWIN DICHABE Applicant and DEPARTMENT OF LOCAL GOVERNMENT First
More informationCONSTITUTIONAL COURT OF SOUTH AFRICA
CONSTITUTIONAL COURT OF SOUTH AFRICA In the matter between: Case CCT 172/16 SOUTH AFRICAN RIDING FOR THE DISABLED ASSOCIATION Applicant and REGIONAL LAND CLAIMS COMMISSIONER SEDICK SADIEN EBRAHIM SADIEN
More informationTHE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG JUDGMENT
THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG JUDGMENT Reportable Case No: JR1944/12 DAVID CHAUKE Applicant and SAFETY AND SECURITY SECTORAL BARGAINING COUNCIL THE MINISTER OF POLICE COMMISSIONER F J
More informationIN THE LABOUR COURT OF SOUTH AFRICA HELD AT DURBAN
IN THE LABOUR COURT OF SOUTH AFRICA HELD AT DURBAN CASE NO. D460/08 In the matter between: SHAUN SAMSON Applicant and THE COMMISSION FOR CONCILIATION, MEDIATION AND ARBITRATION First Respondent ALMEIRO
More informationIN THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG ELIZABETH MATLAKALA BODIBE
IN THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG Not Reportable Case no: JR 490/15 In the matter between: ELIZABETH MATLAKALA BODIBE Applicant and PUBLIC SERVICE CO-ORDINATING BARGAINING COUNCIL DANIEL
More informationTHE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG JUDGMENT
THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG JUDGMENT Not Reportable Case no: JR832/11 In the matter between: SUPT. MM ADAMS Applicant and THE SAFETY AND SECURITY SECTORAL BARGAINING COUNCIL JOYCE TOHLANG
More informationTHE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG JUDGMENT. NEHAWU obo DLAMINI AND 5 OTHERS
THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG JUDGMENT Not Reportable Case no: JR 1632 / 14 In the matter between: NEHAWU obo DLAMINI AND 5 OTHERS Applicant and COMMISSION FOR CONCILIATION, MEDIATION
More informationCASE NO. J837/98 R E A S O N S APPLICATION TO REFER THE MATTER BACK TO THE COMMISSION IN TERMS OF
REPORTABLE IN THE LABOUR COURT OF SOUTH AFRICA HELD AT JOHANNESBURG CASE NO. J837/98 In the matter between : S H ZEELIE APPLICANT and PRICE FORBES [NORTHERN PROVINCE][1] RESPONDENT R E A S O N S APPLICATION
More informationINTRODUCTION: THE PERSPECTIVE OF THE FOUNDATION FOR HUMAN RIGHTS. 1 The Foundation for Human Rights ( FHR ) is a grant-making institution supporting
FOUNDATION FOR HUMAN RIGHTS COMMENTS ON SOUTH AFRICAN LAW REFORM COMMISSION REVISED DISCUSSION PAPER 147 PROJECT 125: HARMONISATION OF EXISTING LAWS PROVIDING FOR DIFFERENT PRESCRIPTION PERIODS INTRODUCTION:
More informationIN THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG
IN THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG Reportable/Not Reportable Case no: J 2591/17 In the matter between: FAIS OMBUD Applicant and MPHO RAMETSI First Respondent COMMISSION FOR CONCILIATION
More informationTHE LABOUR COURT OF SOUTH AFRICA, CAPE TOWN
REPUBLIC OF SOUTH AFRICA Reportable Of interest to other judges THE LABOUR COURT OF SOUTH AFRICA, CAPE TOWN JUDGMENT Case no: C 685/16 In the matter between: Sandile NGOBENI Applicant and COMMISSION FOR
More informationTHE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG METAL AND ENGINEERING INDUSTRIES BARGAINING
THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG Reportable In the matter between: SITHOLE, JOEL Case no: JR 318/15 Applicant and METAL AND ENGINEERING INDUSTRIES BARGAINING JOSEPH MPHAPHULI NO SPRAY SYSTEM
More informationIN THE LABOUR COURT OF SOUTH AFRICA AT JOHANNESBURG Case Number: J1134/98. First Respondent M Miles Commissioner: CCMA Motion Engineering (Pty) Ltd
IN THE LABOUR COURT OF SOUTH AFRICA AT JOHANNESBURG Case Number: J1134/98 In the matter between: O D Zaayman Applicant and Provincial Director: CCMA Gauteng First Respondent M Miles Commissioner: CCMA
More informationREPUBLIC OF SOUTH AFRICA THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG JUDGMENT
REPUBLIC OF SOUTH AFRICA Not reportable Not of interest to other judges THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG JUDGMENT Case no: JR 202/10 In the matter between: K J LISANYANE Applicant and C J
More informationDEPARTMENT OF LABOUR. No. R March 2015 RULES FOR THE CONDUCT OF PROCEEDINGS BEFORE THE COMMISSION FOR CONCILIATION MEDIATION AND ARBITRATION
STAATSKOERANT, 17 MAART 2015 No. 38572 3 GOVERNMENT NOTICE DEPARTMENT OF LABOUR No. R. 223 17 March 2015 RULES FOR THE CONDUCT OF PROCEEDINGS BEFORE THE COMMISSION FOR CONCILIATION MEDIATION AND ARBITRATION
More informationREUBEN ITUMELENG TODI MEC FOR THE PROVINCIAL GOVERNMENT
IN THE NORTH WEST HIGH COURT, MAFIKENG CASE NO: 751/2005 In the matter between:- REUBEN ITUMELENG TODI Plaintiff and MEC FOR THE PROVINCIAL GOVERNMENT First Defendant OF NORTH WEST RESPONSIBLE FOR HEALTH
More informationLABOUR RELATIONS AMENDMENT BILL, [Words in bold type indicate omissions from existing enactments]
[Words in bold type indicate omissions from existing enactments] Words underlined indicate insertions in existing enactments BE IT ENACTED by the Parliament of the Republic of South Africa, as follows:
More informationCONSTITUTIONAL COURT OF SOUTH AFRICA
CONSTITUTIONAL COURT OF SOUTH AFRICA In the matter between: Case CCT 156/15 MEMBER OF THE EXECUTIVE COUNCIL FOR HEALTH, GAUTENG Applicant and VUYISILE EUNICE LUSHABA Respondent Neutral citation: MEC for
More informationREPUBLIC OF SOUTH AFRICA THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG JUDGMENT MEC: DEPARTMENT OF EDUCATION GAUTENG.
1 REPUBLIC OF SOUTH AFRICA THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG JUDGMENT Reportable Case no: JR 2145 / 2008 In the matter between: MEC: DEPARTMENT OF EDUCATION GAUTENG Applicant and J MSWELI
More informationTHE SUPREME COURT OF APPEAL OF SOUTH AFRICA
THE SUPREME COURT OF APPEAL OF SOUTH AFRICA Case number : 521/06 Reportable In the matter between : BODY CORPORATE OF GREENACRES APPELLANT and GREENACRES UNIT 17 CC GREENACRES UNIT 18 CC FIRST RESPONDENT
More informationCONSTITUTIONAL COURT OF SOUTH AFRICA
CONSTITUTIONAL COURT OF SOUTH AFRICA In the matter between: Case CCT 61/11 [2012] ZACC 6 COMPETITION COMMISSION OF SOUTH AFRICA Applicant and SENWES LIMITED Respondent Heard on : 22 November 2011 Decided
More informationPIK-IT UP JOHANNESBURG (PTY) LTD. Third Respondent JUDGMENT. [1] This is an application in terms of which the applicant seeks to have the
IN THE LABOUR COURT OF SOUTH AFRICA HELD AT JOHANNESBURG In the matter between: PIK-IT UP JOHANNESBURG (PTY) LTD Reportable Case number JR1834/09 Applicant and SALGBC K MAMBA N.O IMATU obo COOK First Respondent
More informationREPUBLIC OF SOUTH AFRICA
1 REPUBLIC OF SOUTH AFRICA IN THE LABOUR COURT OF SOUTH AFRICA, AT DURBAN JUDGMENT Not Reportable Case no: D477/11 In the matter between:- HOSPERSA First Applicant E. JOB Second Applicant and CHITANE SOZA
More informationTHE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG JUDGMENT CORPORATION (SOC) LTD ELEANOR HAMBIDGE N.O. (AS ARBITRATOR)
THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG JUDGMENT Not Reportable Case no: JR 745 / 16 In the matter between: SOUTH AFRICAN BROADCASTING CORPORATION (SOC) LTD Applicant and COMMISSION FOR CONCILIATION,
More informationTHE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG NATIONAL UNION OF MINEWORKERS
THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG Not reportable Case no: J 1607/17 NATIONAL UNION OF MINEWORKERS Applicant and PETRA DIAMONDS t/a CULLINAN DIAMOND MINE (PTY) LTD Respondent Heard: 2 August
More informationKUNGWINI RESIDENTIAL ESTATE AND ADVENTURE SPORT CENTRE LIMITED JUDGMENT
IN THE LABOUR COURT OF SOUTH AFRICA HELD AT JOHANNESBURG CASE NO: JR603/03 In the matter between: KUNGWINI RESIDENTIAL ESTATE AND ADVENTURE SPORT CENTRE LIMITED Applicant and MR LUCKY MHLONGO N.O. THE
More informationIN THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG ZURICH INSURANCE COMPANY SA LTD
IN THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG Not reportable Case no: JR 438/11 In the matter between: ZURICH INSURANCE COMPANY SA LTD Applicant and COMMISSIONER J S K NKOSI N.O. First Respondent COMMISSION
More informationTHE LABOUR COURT OF SOUTH AFRICA, HELD AT JOHANNESBURG JUDGMENT
THE LABOUR COURT OF SOUTH AFRICA, HELD AT JOHANNESBURG JUDGMENT Reportable Case no: JS 1505/16 In the matter between: MOQHAKA LOCAL MUNICIPALITY Applicant and FUSI JOHN MOTLOUNG SHERIFF OF THE HIGH COURT,
More informationCONSTITUTIONAL COURT OF SOUTH AFRICA
CONSTITUTIONAL COURT OF SOUTH AFRICA In the matter between: Case CCT 162/13 MPISANE ERIC NXUMALO Applicant and PRESIDENT OF THE REPUBLIC OF SOUTH AFRICA CHAIRPERSON OF THE COMMISSION ON TRADITIONAL LEADERSHIP
More informationTHE LABOUR COURT OF SOUTH AFRICA JOHANNESBURG. THE PUBLIC SERVANTS ASSOCIATION OF SOUTH AFRICA obo A POTGIETER THE DEPARTMENT OF TRADE AND INDUSTRY
THE LABOUR COURT OF SOUTH AFRICA JOHANNESBURG Not Reportable Case No: JR2212/12 In the matter between: THE PUBLIC SERVANTS ASSOCIATION OF SOUTH AFRICA obo A POTGIETER Applicant and THE DEPARTMENT OF TRADE
More informationDUDLEY CUPIDO Applicant. GLAXOSMITHKLINE SOUTH AFRICA (PTY) LTD Respondent JUDGMENT
IN THE LABOUR COU R T OF SOUTH AFRICA H ELD AT CAPE TOWN CASE NO: C222/2004 In the matter between: DUDLEY CUPIDO Applicant and GLAXOSMITHKLINE SOUTH AFRICA (PTY) LTD Respondent JUDGMENT MURPHY, AJ 1. The
More informationIN THE LABOUR APPEAL COURT OF SOUTH AFRICA, DURBAN. HOSPERSA OBO TS TSHAMBI Appellant DEPARTMENT OF HEALTH, KWAZULU NATAL
IN THE OF SOUTH AFRICA, DURBAN Reportable Case no: DA 1/2015 In the matter between: HOSPERSA OBO TS TSHAMBI Appellant and DEPARTMENT OF HEALTH, KWAZULU NATAL Respondent Heard: 25 February 2016 Delivered:
More informationTHE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG JUDGMENT
THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG JUDGMENT Not reportable Case no JR 1218/2015 In the matter between: HYGIENIK (PTY) LTD Applicant and THE COMMISSION FOR CONCILIATION, MEDIATION AND ARBITRATION
More informationDEPARTMENT OF HEALTH- EASTERN CAPE
ARBITRATION AWARD CASE NO: PSHS277-17/18 PANELIST: W R PRETORIUS DATE OF AWARD: 11 DECEMBER 2017 In the matter between: PAWUSA obo MOLO, E N APPLICANT and DEPARTMENT OF HEALTH- EASTERN CAPE RESPONDENT
More informationTHE LABOUR COURT OF SOUTH AFRICA JOHANNESBURG
THE LABOUR COURT OF SOUTH AFRICA JOHANNESBURG Not Reportable Case no: J1009/13 In the matter between: SEOKA DAVID KEKANA Applicant and AMALGAMATED BEVERAGES INDUSTRIES (ABI), A DIVISION OF THE SOUTH AFRICAN
More informationREPUBLIC OF SOUTH AFRICA THE LABOUR COURT OF SOUTH AFRICA, DURBAN JUDGMENT
REPUBLIC OF SOUTH AFRICA THE LABOUR COURT OF SOUTH AFRICA, DURBAN JUDGMENT Reportable Case no. D552/12 In the matter between: HEALTH AND OTHER SERVICES PERSONNEL TRADE UNION OF SOUTH AFRICA TM SOMERS First
More informationTHE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG JUDGMENT PICK N PAY LANGENHOVEN PARK. Second Respondent
THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG JUDGMENT Not Reportable Case no: JR 1534/15 In the matter between: ROYCE S FAMILY SUPERMARKET (PTY) LTD t/a PICK N PAY LANGENHOVEN PARK Applicant and DELL
More information(1 March 2015 to date) LABOUR RELATIONS ACT 66 OF (Gazette No , Notice No. 1877, dated 13 December 1995) Commencement:
(1 March 2015 to date) [This is the current version and applies as from 1 March 2015, i.e. the date of commencement of the Legal Aid South Africa Act 39 of 2014 to date] LABOUR RELATIONS ACT 66 OF 1995
More informationREPUBLIC OF SOUTH AFRICA IN THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG) JUDGMENT JACOB MBELE & 51 OTHERS
REPUBLIC OF SOUTH AFRICA IN THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG) JUDGMENT Reportable CASE NO: JS 940/13 In the matter between: JACOB MBELE & 51 OTHERS Applicant and CHAINPACK (PTY) LTD KING
More informationJUDGMENT. [2] On 11 August 2005, a rule nisi was granted in the following terms on an unopposed basis:
00IN THE LABOUR COURT OF SOUTH AFRICA HELD AT JOHANNESBURG CASE NO: J 1507/05 In the matter between: MAKHADO MUNICIPALITY Applicant and SOUTH AFRICAN MUNICIPAL WORKERS UNION (SAMWU) AS RABAKALI and 669
More informationBulletin ` 6 of 2013 Period: 1 February 2013 to 8 February 2013 Bulletin 25 of 2018 Period: 22 June June 2018
Bulletin ` 6 of 2013 Period: 1 February 2013 to 8 February 2013 Bulletin 25 of 2018 Period: 22 June 2018 29 June 2018 IMPORTANT NEWS AMENDMENTS TO JOINT RULES OF PRACTICE (EASTERN CAPE HIGH COURT) The
More informationIN THE LABOUR COURT OF SOUTH AFRICA (HELD IN CAPE TOWN) CASE NUMBER: C671/2011. DATE: 2 SEPTEMBER 2011 Reportable
1 IN THE LABOUR COURT OF SOUTH AFRICA (HELD IN CAPE TOWN) CASE NUMBER: DATE: 2 SEPTEMBER 2011 Reportable In the matter between: ADT SECURITY (PTY) LIMITED Applicant and THE NATIONAL SECURITY & UNQUALIFIED
More informationIN THE SOUTH GAUTENG HIGH COURT, JOHANNESBURG (REPUBLIC OF SOUTH AFRICA) APPEAL CASE NO : A5044/09 DATE: 18/08/2010 In the matter between:
IN THE SOUTH GAUTENG HIGH COURT, JOHANNESBURG (REPUBLIC OF SOUTH AFRICA) APPEAL CASE NO : A5044/09 DATE: 18/08/2010 In the matter between: HENRY GEORGE DAVID COCHRANE Appellant (Respondent a quo) and THE
More informationIN THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG. SA SOLIDARITY obo MT BOOI & 22 OTHERS. TECHNISTRUT (PTY) LTD t/a SELATI ROOFS
IN THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG Not Reportable Case no: JS381/12 SA SOLIDARITY obo MT BOOI & 22 OTHERS Applicants and TECHNISTRUT (PTY) LTD t/a SELATI ROOFS Respondent Delivered: 15 July
More informationREPUBLIC OF SOUTH AFRICA THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG JUDGMENT EDWIN NCHABELENG & 2 OTHERS LAPACE CONSTRUCTION (PTY) LTD JUDGMENT
REPUBLIC OF SOUTH AFRICA THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG JUDGMENT Not Reportable Case no: J580/2013 EDWIN NCHABELENG & 2 OTHERS Applicants and LAPACE CONSTRUCTION (PTY) LTD Respondent Heard:
More informationREPUBLIC OF SOUTH AFRICA THE LABOUR COURT OF SOUTH AFRICA, PORT ELIZABETH JUDGMENT MHLANGANISI WELCOME MAGIJIMA
REPUBLIC OF SOUTH AFRICA THE LABOUR COURT OF SOUTH AFRICA, PORT ELIZABETH JUDGMENT Not Reportable Case No: P543/13 In the matter between: MHLANGANISI WELCOME MAGIJIMA Applicant And THE COMMISSION FOR CONCILIATION,
More information