Courtesy of Saflii it is possible to provide free links to eleven recent judgments.
CTR Protection Services (Pty) Ltd v Wainwright NO (JR2901/2010) [2012] ZALCJHB 103 (4 October 2012)
Judge: Whitcher [B] AJ
Result: Granted review application
Court summary: Review – constructive dismissal – existence of employment relationship – jurisdictional point raised for the first time in review application – irregularity in not considering jurisdiction – irregularity in evaluation of evidence – award reviewed and set aside.
SAMWU v SA Local Government Bargaining Council (JR 05/10) [2012] ZALCJHB 104 (8 October 2012)
Judge: Molahlehi [EM] J
Result: Granted review application
Court summary: N/A.
Pather v CCMA (JR 1944/10) [2012] ZALCJHB 105 (9 October 2012)
Judge: Gush [DH] J
Result: Refused relief
Court summary: Application for condonation and review of arbitration award: Inadequate reasons offered for delay. Application for condonation dismissed.
Coetzer v Ceragon (SA) (Pty) Ltd (JR 234/12) [2012] ZALCJHB 106 (11 October 2012)
Judge: Boqwana AJ
Result: Refused relief
Court summary: Applicant using motion proceedings to bring a contractual claim in terms of section 77(3) of the BCEA – Disputes of fact exist – Court cannot find on papers and evidence before it – Matter referred to trial – Applicant to pay costs as disputes of fact ought to have been foreseen.
Transnet Ltd v SATAWU (J 2697/12) [2012] ZALCJHB 107 (12 October 2012)
Judge: Steenkamp [AJ] J
Result: Granted interim relief
Court summary: Secondary strike – urgent interdict – application of s 66(2)(c) of LRA
MTWU obo Sehularo v G4 Cash Services (Pty) Ltd (JS 1108/09) [2012] ZALCJHB 112 (12 October 2012)
Judge: Bhoola [U] J
Result: Refused relief
Court summary: Dismissal for unprotected strike – although of short duration in the circumstances of respondent’s business of cash-in-transit dismissals procedurally and substantively fair.
Motaung v Department of Education (JS 196/2010) [2012] ZALCJHB 113 (15 October 2012)
Judge: Lagrange [RGO] J
Result: Granted relief
Court summary: Unfair discrimination based on obeying dictates of conscience in relation to the performance of duties concerning instructions which might have entailed flouting a regulatory framework
SA Post Office Ltd v Nowosenetz NO (JR 663/2011) [2012] ZALCJHB 114 (17 October 2012)
Judge: Masher [D] AJ
Result: Granted review application
Court summary: Review Application – material error of law – dispute between minority trade union and employer about applicable representivity threshold for organisational rights – what is the effect of novation on a representivity threshold agreed in a collective agreement
SATAWU v Nationwide Airlines (Pty) Ltd (JS 465/06) [2012] ZALCJHB 115 (18 October 2012)
Judge: Boqwana AJ
Result: Refused application
Court summary: Application to substitute the first respondent with liquidators in terms of Rule 22(5) – Notice to be given to liquidators in terms of the section 359(2)(a) of the 1973 Companies Act – notice not alleged in founding papers – no substantive application before court to direct in terms of section 359(2)(b) of the 1973 Companies Act – application dismissed.
Mclaughlin v Independent Loss Consultants CC (JS166/2010) [2012] ZALCJHB 116 (18 October 2012)
Judge: Molahlehi [EM] J
Result: Refused relief
Court summary: Automatically unfair dismissal-claim based on sexual harassment and protected disclosure. The disclosure made to the family and not the employer. Damages in terms of Employment Equity Act.
NUM obo Botsane v Parkinson NO (JR 2865/08) [2012] ZALCJHB 117 (18 October 2012)
Judge: Bhoola [U] J
Result: Refused review application
Court summary: Review based on arbitrator misconstruing the charge and failing to determine the issues when he found applicant guilty of failure to comply with his statutory duties as resident engineer- award upheld.