Labour Court of South Africa, Cape Town - 2018 December

Sort by:

2 judgments

Citation	Judgment date
December 2018
Passenger Rail Agency of South Africa Soc Ltd v Sheriff for the District of Goodwood N.O. and Others (C 1230/2018) [2018] ZALCCT 24 (27 December 2018) Court stayed execution and lifted attachments pending review, conditionally exempting the organ of state from s145 security. * Labour law – review proceedings – effect of instituting review on operation of arbitration award – s145(7) and (8) LRA; discretionary power to require, reduce or dispense with security. * Urgent procedure – Rule 8 – condonation for non‑compliance with Rule 7 and requirements for urgency. * Public/administrative law – interplay between LRA security requirements and PFMA/Treasury constraints; organs of state not automatically exempt. * Interim relief – stay of execution and lifting of attachment where public interest and potential irreparable harm exist.	27 December 2018
Schloemann v Goldstone Resources Ltd (C 658/2016) [2018] ZALCCT 44 (13 December 2018) Whether the employee resigned or was dismissed and whether a variation of salary defeated his contractual 12‑month severance entitlement. * Employment law – contract – dispute whether employee resigned or was dismissed – effect on contractual severance entitlement under clause providing 12 months' benefits. * Contract variation – non-variation clause – when external documents and conduct can constitute a valid variation. * Burden of proof – defendant bears onus to prove oral or tacit agreement varying written contract or terminating employment by agreement. * Interpretation – contextual construction of termination clause; Conventional Penalties Act not engaged.	13 December 2018