Ephraim v Bull Brand Foods (Pty) Ltd (GF 8130) [Van Niekerk J, 27.11.2009]

[2009] JOL 24697 (LC)

Refused application for payment of notice pay – cause of action based on alleged statutory breach and not breach of contract – Labour Court lacks jurisdiction, as agent of first instance, to enforce statutory provisions – BCEA s77(1) explained.

Murray & Roberts Cementation (Pty) Ltd v CCMA (Sikhosana) (GF 8104) [Van Niekerk J, 13.11.2009]

[2009] JOL 24692 (LC)

Granted review application & set aside CCMA ruling re rescission – referred to Fidelity Cash Management Services v CCMA (LAC) [GF 6887]  and stated “while the Sidumo judgment concerned result-based reasonableness, an error in process alone (as opposed to outcome) may result in a CCMA award or ruling being unreasonable (see CUSA v Tao Ying Metal Industries … (CC) GF 7219)”.

Wallis v Thorpe & Zeeman (Ngomi Timbers CC) (GF 8103) [Van Niekerk J, 10.11.2009]

[Unreported case JS 32/07 (LC)

Refused application & granted absolution from the instance with costs – applicant unable to prove that he had been “dismissed” – claimed amounts totalling R20 million.

SA Airways (Pty) Ltd v SATAWU (GF 8105) [Van Niekerk J, 19.10.2009]

[2009] JOL 24619 (LC)

Confirmed rule nisi & granted final order declaring proposed strike action unlawful & unprotected -substantial compliance re strike notice despite being served after working hours – LRA s64(1) – non-compliance with substantive provisions – LRA s65(1).

Relyant Retail Ltd t/a Bears Furnishers v CCMA (Rademan) (GF 8047) [Molahlehi J, 15.09.2009]

[2009] JOL 24327 (LC)

Granted review application – set aside compensation arbitral award & remitted to CCMA for rehearing – credit manager – termination of employment related to conduct – alleged gross negligence & poor customer service – no full & fair hearing – failure to determine all issues – focus on method of conduct of decision-maker not decision itself – gross irregularity established.

Mangena v Fila South Africa (Pty) Ltd (GF 7969) [Van Niekerk J, 28.08.2009]

[2009] 12 BLLR 1224; [2009] JOL 24189 (LC)

Rejected claim – alleged discrimination based on race/colour; birth/family relations and trade union membership/bashing re increases/promotion for joining a rival trade union – granted employer absolution in respect of all claims except alleged unequal pay claim ito EEA s6 & s11 – equal pay claims not specifically regulated – bring under ‘employment policy or practice’ – alleged to be based on race – failing to establish factual basis – LRA s162 – costs discussed.

Southern Sun Hotel Interests (Pty) Ltd v CCMA (GF 7957) [Van Niekerk J, 24.07.2009]

[2009] 11 BLLR 1128; [2009] JOL 24059 (LC)

Granted review application & set aside arbitral award – fair reason to terminate related to conduct – LRA s145 tests discussed – 2 separate issues – (a) rational & justifiable process & (b) reasonable outcome – Sidumo review test discussed & criticised – dispute concerned dishonesty – employees in unauthorised possession of property or consumed beverages, etc on duty – alleged inconsistency in treatment – court found a number of gross irregularities in the process & reasoning of the arbitrator.

IM Karan t/a Karan Beef v Randall (GF 7914) [Van Niekerk J, 22.07.2009]

[2009] JOL 23974 (LC)

Refused application to prevent former employee from pursuing claim for unfair termination related to age – alleged to have been automatically unfair – court has discretion re delay – 3 factors (a) length; (b) explanation; and (c) effect & potential prejudice to employer.

Gold Fields Mining SA (Pty) Ltd (Kloof GM) v CCMA (GF 7899) [Van Niekerk J, 3.07.2009]

[2009] 12 BLLR 1214; [2009] JOL 23897 (LC)

Refused review application for an order substituting certificate with declaration that dispute remained unresolved – relevance & significance of certificate discussed – confirmed approach adopted that no jurisdictional significance attached to certificate – mere record of referral.

NUMSA v General Motors of SA (Pty) Ltd (GF 7852) [Van Niekerk J, 17.06.2009]

[2009] 9 BLLR 914; (2009) 30 ILJ 1861; [2009] JOL 23834 (LC)

Granted application  – unfair procedure relating to termination of employment based on operational requirements – employer obliged to issue fresh notice once earlier restructuring exercise completed – LRA s189A(13) interpreted – trade union delayed in challenging unfair procedure – forfeited right to require reinstatement – compensation to be determined in any further proceedings – LRA s162 interpreted – not appropriate to award costs.

Strautmann v Silver Meadows Trading 99 (Pty) Ltd (GF 7853) [Van Niekerk J, 9.06.2009]

[2009] 10 BLLR 1007; [2009] JOL 23794/23823 (LC)

Granted review application – set aside purported ruling re jurisdiction – error of law & gross irregularity – dispute re alleged transfer (LRA s197) & dismissal set down for conarb – employers in default – certificate issued on form 17.2 stating that matter to be referred to Labour Court as alleged to be automatically unfair – significance of certificate discussed – irrelevance of gratuitous advice.

Minny & Gottsmann v Smart Plan CC (GF 7980) [Van Niekerk J, 3.06.2009]

[2009] JOL 24191 (LC)

Refused application – claims for accumulated annual leave pay after resignations – BCEA sec20 – BCEA s77(3) conferring jurisdiction as alleged breach of contract – remuneration packages specially constructed to pay leave pay in advance – applicants failing to discharge onus of proof.

Samson v CCMA (Toyota SA Motors) (GF 7873) [Van Niekerk J, 29.05.2009]

[2009] 11 BLLR 1119; [2009] JOL 23831 (LC)

Refused review application – upheld award – fair reason to terminate related to conduct – distributing pornography on intranet – executive manager changed final warning to termination – applied Sidumo review test.

Jiba v Minister of Justice & Constitutional Development (GF 7837) [Van Niekerk J, 19.05.2009]

[2009] 10 BLLR 989; [2009] JOL 23716/23815 (LC)

Refused alleged urgent application for interim relief  – alleged unlawful & unfair suspension & required to attend disciplinary hearing -undesirable for Court to interfere in incomplete proceedings.

National Bioinformatics Network Trust v Jacobson (GF 7782) [Van Niekerk J, 14.04.2009]

[2009] 8 BLLR 833; (2009) 30 ILJ 2513; [2009] JOL 23564 (LC)

Refused employer’s urgent application for interim interdict – CCMA made preliminary rulings in arbitration – refused employer legal representation – undesirable for Labour Court to intervene in such proceedings when review of award allowed in the LRA – harsh criticism of employer’s handling of the internal enquiry.

SACCAWU v Ellerine Holdings (Pty) Ltd (GF 7825) [Van Niekerk J, 14.04.2009]

(2009) 30 ILJ 2476 (LC)

Refused urgent application – alleged unilateral changes to conditions of employment – LRA s64(4) provides limited protection for 30 days – matter not urgent – no harm or prejudice.

SA Music Rights Organisation Ltd (SAMRO) v Mphatsoe (GF 7755) [Van Niekerk J, 23.03.2009]

[2009] 7 BLLR 696; (2009) 30 ILJ 2482; [2009] JOL 23476 (LC)

Refused application & employer ordered to pay salary for 8 days – employment contract provided for notice of termination of one calendar month – meaning of “calendar month” – must expire at end of month & employee failed to work from 8 to end of February 2008 – employer claimed damages for that period but failed to prove any “loss” – employer must pay employee salary up to 8 February.

City of Johannesburg v SAMWU (GF 7459) [Van Niekerk J, 30.01.2009]

[2009] 5 BLLR 431; (2009) 30 ILJ 2064; [2009] JOL 23308 (LC)

Refused interdict – protected strike – met procedural requirements – LRA s64 – none of substantive limitations apply – LRA s65 – disputes concern demand related to suspension of employees & ceasing to employ pensioners or former employees who had retired.

Uthingo Management (Pty) Ltd v Shear NO (GF 7417) [Molahlehi J, 15.01.2009]

[2009] 6 BLLR 590; (2009) 30 ILJ 2152; [2009] JOL 23131 (LC)

Granted review application – set aside award – no proof of “dismissal” & CCMA lacked jurisdiction – employees tendered “resignations” intending to work out the notice periods – employer accepted resignations with an earlier termination date – held that contracts legally terminated on acceptance of “resignations”.

Mogothle v Premier North West Province (GF 7376) [Van Niekerk J, 6.01.2009]

[2009] 4 BLLR 331; (2009) 30 ILJ 605; [2009] JOL 22987/23089 (LC)

Granted application – set aside unlawful suspension – 3 causes of action: (breach of contract; (b) statutory breach; and (c) PAJA – no reliance on LRA – Labour Court has jurisdiction – BCEA s77(3) – suspension also impugns dignity of employee.

Harley v Bacarac Trading 39 (Pty) Ltd (GF 7452) [Van Niekerk J, 9.12.2008]

[2009] 6 BLLR 534; (2009) 30 ILJ 2085; [2009] JOL 23231/23342 (LC)

Granted application to uplift unlawful suspension & pay remuneration – employer summarily terminated employee’s services the day after legal proceedings instituted.