Courtesy of Saflii it is possible to provide free links to all but one of these recent judgments. Apart from noting the result there are very brief head-notes with references to the applicable sections of the labour statutes.
Stars Away International Airline (Pty) Ltd v Thee NO (LC) 18.09.2012 per Steenkamp J
Sections: LRA s 145(1)(a), – constructive dismissal; Rule 7A(8) – notice requirements
Refused review application – pilot alleging constructive dismissal – employer failing to attend arbitration and alleging award improperly obtained – interpretation of ‘notice’ in condonation application ito Rule 7A(8) – non-applicability of ‘Sidumo’ review test – jurisdictional issue – only question – was arbitrator correct or incorrect
City of Cape Town v SAMWU obo Mngomeni (LC) 7.09.2012 per Rabkin-Naicker J
Sections: LRA s 186(2), s 145(2), s 193(4); Constitution s 23, s 33
Refused review application – employer ordered to implement the award and promote the employee – discussed approach to remedies for alleged ‘unfair labour practices’.
Gebhardt v Education Labour Relation Council (LC) 7.09.2012 per Steenkamp J
Sections: LRA s 186(2)(a), EEA s 1, s 13 – affirmative action, s 19,
Granted review application and set aside award regarding promotion – referred matter back to be arbitrated afresh
FAWU v Premier Foods Ltd t/a Blue Ribbon Salt River (LC) 7.09.2012 per Steenkamp J
Sections: LRA s 157, s 158
Granted urgent interim relief by interdicting employer from continuing with disciplinary investigation and suspension of employees – issued rule nisi – Labour Court held dismissals unfair – employees had been reinstated – (2012) 33 ILJ 1779 (LAC).
Weder v MEC for Health, Western Cape (LC) 5.09.2012 per Steenkamp J
Sections: PSA s 17(3)(a)(i) – deemed discharge; LRA s 158(1)(h)
Granted review application – set aside decision and reinstated employee into same post with retrospective effect.
Ferguson v Basil Read (Pty) Ltd (LC) 29.08.2012 per Steenkamp J
Sections: LRA s 189; common law – agreement signed in full and final settlement
Refused application as employee was not dismissed – agreed with employer that contract ended mutual agreement – failed to prove any misrepresentation by employer
Solidarity v Department of Correctional Services (LC) 24.08.2012 per Steenkamp J
Sections: EEA
Granted application – employer’s employment equity plan seemingly creating quotas and discriminatory – insuperable obstacle for employee – male “coloured” candidate not promoted to post in which he was acting solely because promotion would not advance demographic goals in equity plan.
Melomed Hospital Holdings Ltd v CCMA (LC) 15.08.2012 per Steenkamp J
Sections: LRA s 213 – employee, s 200A
Refused review application- upheld award to the effect that doctor was an employee of the applicant – also upheld finding that dismissal unfair – payment for services not made directly to employee but through an incorporated company – evidence indicating control and supervision over employee – employment relationship established – applied test in SITA v CCMA [2008] 7 BLLR 611; (2008) 29 ILJ 2234 (LAC)