Gcaba v Minister for Safety and Security (GF 8040) [Van der Westhuizen J, 7.10.2009]
[2009] ZACC 26; [2009] 12 BLLR 1145; (2009) 30 ILJ Nov; [2009] JOL 24338 (CC)
Disallowed appeal from Erasmus J – 2 issues – (a) jurisdiction & (b) administrative action – held: (a) HC does not have jurisdiction – cause of action as pleaded relying on an alleged unfair labour practice relating to promotion – only BC has necessary jurisdiction; (b) despite being an organ of state the failure to promote did not involve the exercise of any public power nor a public function – does not mean that other causes of action are excluded – depends on pleadings.
Strategic Liquor Services v Mvumbi NO (Redgard) (GF 7827) [Court, 18.06.2009]
[2009] ZACC 17; [2009] 9 BLLR 847; 2009 (10) BCLR 1046; (2009) 30 ILJ 1526 (CC)
Refused application for leave to appeal from LAC after SCA refused petition for leave to appeal to SCA – CCMA found that employee had been constructively dismissed & awarded R121,000.00 compensation – LRA s186(1)(e) – issues resolved by CCMA on former employee’s version only as he was the only witness – serious concern expressed about unacceptable delays and failure to provide reasons.
Netherburn Engineering CC v Mudau NO (GF 7693) [Court, 1.04.2009]
[2009] ZACC 10; [2009] 6 BLLR 517; 2009 (8) BCLR 779; (2009) 30 ILJ 1521; [2009] JOL 23694 (CC)
Refused application for leave to appeal from LAC (GF 7323) – LAC overlooked fact that matter had been referred back to CCMA – constitutional question re LRA s140(1) now raised – not in interests of justice to hear appeal as s140(1) repealed in 2002 & Rule 25(1) changed – also more than 10 years elapsed since date of termination of employee & dispute probably no longer alive – serious concern expressed about unacceptable delays.
Lufuno Mphaphuli & Associates v Andrews (GF 7694) [O’Regan J (Kroon AJ dissenting, 20.03.2009]
[2009] ZACC 6; 2009 (6) BCLR 527; 2009 (4) SA 529; [2009] JOL 23323 (CC)
Disallowed appeal – upheld decision in SCA (GF 6858) – private arbitral award final & binding and only subject to review ito AA sec 33(1) – rejected argument that process was administrative which had to be lawful, reasonable & procedurally fair.
Equity Aviation Services (Pty) Ltd v CCMA (Mawelele) (GF 6940) [Nkabinde J, 25.09.2008]
[2008] ZACC 16; [2008] 12 BLLR 1129; (2008) 29 ILJ 2507; 2009 (2) BCLR 111; 2009 (1) SA 337 (CC)
Disallowed appeal – award of reinstatement upheld – reinstated from date of award not dismissal – meaning of reinstatement – as if termination invalid – order not retrospective unless so ordered – may be made retrospective but only back to date of termination – distinguish compensation – see GF 6913 (LAC).
CUSA v Tao Ying Metal Industries (GF 7219) [Ngcobo J (O’Regan J dissenting), 18.09.2008]
[2008] ZACC 15; [2009] 1 BLLR 1; (2008) 29 ILJ 2461; 2009 (1) BCLR 1; 2009 (2) SA 204 (CC)
Allowed appeal – upheld arbitral award – award made to effect that arbitrator had no jurisdiction to make an award – discussed process of reviewing arbitral awards ito the LRA – see GF 5936 (LAC) & GF 6538 (SCA).
Chirwa v Transnet Ltd (GF 6857) [Skweyiya J et al, 28.11.2007]
[2007] ZACC 23; [2008] 2 BLLR 97; 2008 (3) BCLR 251; (2008) 29 ILJ 73; 2008 (4) SA 367; [2008] JOL 21166 (CC)
Disallowed appeal – 2 issues – (a) jurisdiction & (b) administrative action – held: (a) only LC has jurisdiction as reliance only on alleged unfairness – (b) despite being an organ of state the termination of employment did not involve the exercise of any public power nor a public function – see GF 6322 (SCA) below.
Masetlha v President of RSA (GF 6777) [Moseneke DCJ et al, 3.10.2007]
2008 (1) BCLR 1; 2008 (1) SA 566 & [2007] JOL 20763 (CC)
Allowed appeal in part – irretrievable breakdown in employment relationship – lawful & fair to terminate fixed-term contract – employee cannot be deprived of full benefits of remaining 21 months of the contract – see HC below – GF 6454.