Bouwer v City of Johannesburg (GF 7796) [Zondo JP – Davis JA dissenting, 24.12.2008]
[2009] JOL 23913 (LAC)
Disallowed appeal from Labour Court (Francis J) – upheld employer’s special plea relating to jurisdiction – employee had unsuccessfully sought a declaratory order re the abolition of his post – Davis JA (dissenting) raised the danger of terminating the rights of employees ito of Constitution s34 by an expansive & rigid application of the doctrine of res judicata – see (LC) GF 6331.
Netherburn Engineering CC t/a Netherburn Ceramics v Mudau NO (GF 7323) [Zondo JP, 5.12.2008]
[2009] 4 BLLR 299; (2009) 30 ILJ 269; [2009] JOL 23013 (LAC)
Disallowed appeal from review of award – upheld reinstatement award – no general & absolute right to legal representation in CCMA proceedings concerning a fair reason to terminate employment related to conduct or capacity – meaning of “legal practitioner” – LRA secs 138(4) & 140 – CCMA rules – Constitution sec 172(2) – declaration sought that LRA sec 140 unconstitutional and invalid – Constitution secs 1(c), 9, 23(1), 33(1), 34 & 36 considered – CC (GF 7693) refused leave to appeal.
Eberspächer v NUMSA obo Skade & 37 others (GF 7246) [Waglay JA, 19.09.2008]
[2009] 1 BLLR 44; (2009) 30 ILJ 880; [2008] JOL 22563 (LAC)
Granted leave to appeal & allowed appeal – set aside default judgment dated 5.05.2006 – mass termination related to alleged unprotected strike action – failing a settlement leave granted to approach JP to expedite the matter.
Astral Operations Ltd v Parry (GF 7367) [Zondo JP, 4.09.2008]
(2008) 29 ILJ 2680 (LAC)
Allowed appeal – set aside order in Labour Court (Pillay J) – LC lacked jurisdiction – SA citizen employed to work at foreign subsidiary in Malawi – see (LC) GF 5705.
Ponties Panel Beaters Partnership v NUMSA (GF 7261) [Tlaletsi AJA, 2.09.2008]
[2009] 2 BLLR 99; [2008] JOL 22665 (LAC)
Disallowed appeal – automatically unfair reason to terminate employment based on operational requirements & related to transfer – subsequent transfer of business as a going concern – LRA sec197 – new employer responsible in law for prior unfairness – no proof that parties had agreed to any settlement, waiver or indemnity – upheld order of compensation in total of R706,113.84.
Dudley v City of Cape Town (GF 7245) [Zondo JP, 21.08.2008]
[2008] 12 BLLR 1155; (2008) 29 ILJ 2685; [2008] JOL 22552/22793 (LAC)
Disallowed appeal from LC – no preferential treatment afforded to designated person – EEA chapter III – failure of employer to comply not creating any automatic cause of action for individual – enforcement mechanisms must be exhausted – left open question whether thereafter cause of action created – see GF 5267 (LC) & GF 5319 (CC) where leave to appeal to CC refused.
Nxele v CDC, Corporate Services, Dept of Correctional Services (GF 7211) [Zondo JP, 31.07.2008]
[2008] 12 BLLR 1179; (2008) 29 ILJ 2708 (LAC)
Allowed appeal – unfair labour practice – demotion – decision to transfer employee declared unlawful – meaning of demotion discussed – see GF 6247 (LC).
Shoprite Checkers (Pty) Ltd v CCMA (Nkuna) (GF 7144) [Davis JA, 20.06.2008]
[2008] 9 BLLR 838; (2008) 29 ILJ 2581; [2008] JOL 22090 (LAC)
Allowed appeal – overturned order in Labour Court (Revelas J) – set aside award – fair reason to terminate related to dishonesty – employee with long service shown by video camera to have taken food on several occasions – review of earlier case law – resulted in breach of trust despite trivial value of food – shrinkage an ongoing concern for retailers.
Amazwi Power Products (Pty) Ltd v Turnbull (GF 7143) [Davis JA, 20.06.2008]
[2008] 9 BLLR 817; (2008) 29 ILJ 2554; [2008] JOL 22089 (LAC)
Disallowed appeal – upheld order in Labour Court (Sangoni AJ) – employee resigned as financial director but not as employee – employer terminating employment – substantively unfair – compensation of R247,800.00, being 6 months remuneration, awarded.
Boxer Superstores (Pty) Ltd v Zuma (GF 7142) [Davis JA, 20.06.2008]
[2008] 9 BLLR 823; (2008) 29 ILJ 2680; [2008] JOL 22088 (LAC)
Allowed appeal in part – set aside order in Labour Court (Pillay J) – substantive unfairness still in issue – referred back to CCMA to consider appropriate remedy after considering various factors – employer failed to discharge onus of proving fair reason to terminate.
Ellerine Holdings Ltd v CCMA (Mcingane) (GF 7141) [Davis JA, 20.06.2008]
[2008] JOL 22087; (2008) 29 ILJ 2899 (LAC)
Allowed appeal – set aside order in Labour Court (Ngcamu AJ) – upheld award – only procedural unfairness but no compensation awarded – considered implications of Sidumo review test – reconciled LRA secs 145(2) & 158(1)(g) – ‘defect’ required – meaning of ‘gross irregularity’ – necessary prerequisite for consideration of reasonableness of award.
Continental Tyre SA (Pty) Ltd v NUMSA (GF 7100) [Davis JA, 19.05.2008]
[2008] 9 BLLR 828; (2008) 29 ILJ 2561; [2008] JOL 21861 (LAC)
Allowed appeal – overturned LC declaration – terminations not unfair – issue in dispute – duty to consult after ‘contemplation’ of need to terminate – LRA sec 189(3) – group to be included within ambit of consultation – notice included alternatives considered by employer.
SARPA v SA Rugby (Pty) Ltd (Bands & 2 others) (GF 7096) [Tlaletsi AJA, 12.05.2008]
[2008] 9 BLLR 845; (2008) 29 ILJ 2218; [2008] JOL 21862 (LAC)
Disallowed appeal but allowed cross appeal – 3 rugby players – no reasonable expectation of renewal of any contracts – objective test required – see GF 5837 (LC).
Maepe v CCMA (GF 7059) [Zondo JP et al, 18.04.2008]
[2008] 8 BLLR 723; (2008) 29 ILJ 2189; [2008] JOL 21837 (LAC)
Allowed appeal in part from review application – award upheld – unfair reason to terminate related to conduct – alleged sexual harassment not proved – conduct offensive but not persistent – impractical to reinstate – LRA sec 193(2)(c) – awarded compensation equal to 12 months remuneration.
NUMSA obo Cloete v Trentyre (Pty) Ltd (GF 7747) [Patel JA, 27.03.2008]
Unreported case LAC JA 49/05 (LAC)
Allowed appeal – set aside LC review judgment (Kruger AJ) – upheld reinstatement arbitral award – unfair reason to terminate employment related to conduct – employee consumed alcohol – in effect did not destroy trust & confidence relationship – applied Sidumo review test.
SITA [State Information Technology Agency (Pty) Ltd] v CCMA (GF 7043) [Davis JA, 20.03.2008]
[2008] 7 BLLR 611; (2008) 29 ILJ 2234; [2008] JOL 21836 (LAC)
Disallowed appeal from review by LC (Cele AJ) – ‘reality test’ applied – individual in fact an employee of appellant through agency of Investus CC.
Ferreira v Die Burger (GF 7169) [Davis JA, 17.03.2008]
(2008) 29 ILJ 1704 (LAC)
Refused leave to reinstate appeal after it had lapsed – LAC rule 5(17) – failure to lodge record of appeal for over 2 years – flagrant disregard for rules – lack of explanation outweighed all other considerations.