Labour Appeal Court of South Africa - 2013 May

Sort by:

6 judgments

Citation	Judgment date
May 2013
Democratic Union of Security Workers (DUSWO) and Another v Royal Serve Cleaning (Pty) Ltd (CA5/2012) [2013] ZALAC 17 (31 May 2013) A final interdict cannot be granted on affidavit evidence where material factual disputes and credibility issues require oral evidence. Labour law – interlocutory and final interdicts – motion proceedings – disputes of fact and Plascon‑Evans rule – inadmissibility of credibility findings on affidavits without oral evidence – picketing rules as internal remedy – costs.	31 May 2013
Num obo Selemela v Northam Platinum Limited (JA 25/11) [2013] ZALAC 18 (31 May 2013) Reported Deliberate insubordination justified dismissal; prior final warnings (and their cumulative effect) may be considered under Sidumo. Labour law – review of CCMA arbitration – Sidumo reasonableness test – insubordination – seriousness and deliberateness – prior final written warning (validity and cumulative effect) – reinstatement and twelve months' remuneration – when CCMA awards are reviewable.	31 May 2013
Ball v Bambalela Bolts (Pty) Ltd and Another (JA 23/11) [2013] ZALAC 19 (30 May 2013) Reported Expired restraint not automatically moot where contested costs create exceptional circumstances; limited interdict appropriate and no adverse costs. Labour law – restraint of trade – reasonableness assessed by Basson/Reddy principles and Plascon‑Evans fact‑finding; mootness and exceptional circumstances (costs); limits on relief (no order to dismiss employee); costs in Labour Court governed by law and fairness; urgency rulings generally not appealable.	30 May 2013
SAB Limited (Amalgamated Beverage Industries Limited, Soft Drink Division) v Retail and Allied Workers Union and Another (JA 10/2010) [2013] ZALAC 20 (29 May 2013) Whether the commissioner reasonably found insufficient evidence of employee dishonesty after conflicting versions and unreliable key testimony. Labour law – unfair dismissal – dishonesty – onus of proof – assessment of credibility, reliability and probabilities – admission and use of disciplinary enquiry minutes – review standard (reasonable decision‑maker / SFW guidelines).	29 May 2013
Palace Group Investments (Pty) Limited and Others v Michael (JA52/12) [2013] ZALAC 6 (28 May 2013) Interim interdict halting disciplinary proceedings set aside because respondent failed to establish a prima facie protected disclosure under the PDA. Protected Disclosures Act — definition and scope of "disclosure" and "protected disclosure"; requirement of good faith and particularity. Interim interdict — prerequisites: prima facie right, irreparable harm, absence of alternative remedy, balance of convenience; need for sufficient particulars in affidavits. Motion proceedings — affidavits constitute pleadings and evidence; annexures and clear factual averments are required. Appealability — interim orders with immediate and substantial effect may be appealed.	28 May 2013
Greef v Consol Glass (Pty) Ltd (CA02/12) [2013] ZALAC 21 (21 May 2013) Reported s158(1)(c), read with s158(1A), allows the Labour Court to make qualifying settlement agreements orders without prior referral to the Court. Labour law – s158(1)(c) read with s158(1A) – scope of settlement agreements that Labour Court may make orders of court; "Right to refer" – wider entitlement subject to procedural prerequisites, not strict immediately exercisable right; Interaction with s142A – omission of s142A(1)-type requirement from s158(1)(c)/(1A); Judicial discretion – Court must first ensure s158(1A) criteria met and resolve factual disputes (e.g. repudiation) before making settlement an order.	21 May 2013