Labour Court of South Africa, Cape Town

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157 judgments

Citation	Judgment date
February 2013
Lithotech Africa Mail Cape Division of Bidvest Paper Plus (Pty) Ltd v Statutory Council for Printing Newspaper and Packaging Industries N.O. and Others (C 887/2011) [2013] ZALCCT 26 (22 February 2013) An arbitrator’s reinstatement order despite the employee’s refusal and post-hearing contact renders the award reviewable. Labour law – unfair dismissal for incapacity – reasonable accommodation – arbitrator ordering reinstatement despite employee refusing it – section 193 LRA – arbitrator’s post-hearing contact as gross irregularity – material mistakes of fact about shift roster – award reviewable and remitted.	22 February 2013
Du Randt v Ultramat South Africa (Pty) Ltd and Another (C 376/2012) [2013] ZALCCT 28 (15 February 2013) Reported An employee alleging a unilateral change and demotion must exhaust CCMA unfair-labour-practice remedies before seeking court-ordered reinstatement. * Labour law – unilateral change to terms and conditions of employment – remedy for unfair labour practice (demotion) is referral to CCMA under s 186(2)(a)/s 191(1)(a) – Labour Court lacks jurisdiction to entertain such referrals directly. * Protected strike provisions (s 64) – interim relief in strike context – single employee cannot strike; s 64(4) not appropriate for sole employee seeking reinstatement of terms. * Alternative remedy – failure to exhaust CCMA remedy bars specific performance/interdict in Labour Court.	15 February 2013
Ulster v Standard Bank of South Africa Ltd and Another (C 647/2012) [2013] ZALCCT 27 (15 February 2013) Reported Applicant failed to prove duress; CCMA settlement (made an award) was entered into voluntarily and is enforceable. Settlement agreements at CCMA – s 142A awards reviewable under s 145 – residual power under s 158(1)(j) – duress/undue influence – onus to prove involuntary consent – enforcement of negotiated settlements.	15 February 2013
DENOSA obo Mangena v MEC for Department of Health Western Cape (C 914/11) [2013] ZALCCT 29 (14 February 2013) Reported Court reviewed and set aside irrational refusal to reinstate after PSA deemed dismissal; s158(1)(h) review available. Labour law; Public Service Act s 17(3)(a)–(b) (deemed dismissal and reinstatement); jurisdiction of Labour Court under s 158(1)(h) LRA to review state employer refusal to reinstate; PAJA inapplicable to public-service dismissal reviews; test for "good cause"—whether continued employment is rendered intolerable; review on legality and rationality; condonation for late review; appropriate retrospective reinstatement/remedy.	14 February 2013
NIBO (EDMS) Bpk v Cupido (C 954/12) [2013] ZALCCT 30 (11 February 2013) Labour Court may declare a dismissal void where director-removal and notice requirements under the Companies Act were not complied with. Labour law/companies law — jurisdiction to determine legal validity of dismissal — distinction between invalid (void) dismissal under company law and unfair dismissal under the LRA — compliance with Companies Act s71 and s62 (notice and audi alteram partem) required for valid removal of director; failure yields nullity and nullifies subsequent employment dismissal — declaratory relief and reinstatement available in Labour Court.	11 February 2013
January 2012
Toyota South Africa Motors Ltd v Lewis and Others (D 994/09) [2012] ZALCCT 2 (27 January 2012) A commissioner reasonably found the employer failed to prove employee dishonesty; the review application was dismissed with costs. Labour law – review of arbitration award – onus on employer to prove dishonesty – distinction between dishonest conduct and mere breaches of company policy – standard of review: whether award a decision a reasonable decision-maker could reach – compensation quantum not meaningfully challenged.	27 January 2012
Booysen v Minister of Safety & Security and Others (C 307/09; C 60/08) [2012] ZALCCT 1 (25 January 2012) Reported Internal appeals authority’s reasonable overturning of chairperson’s fitness ruling and deemed dismissal survives review; employee reinstated. Labour law — disciplinary procedure — medical fitness to participate — PTSD and postponement requests — review under s 158(1)(h) LRA — internal appeals authority’s discretion — application of regulation 18(5) (deemed suspension/dismissal) — requirement to show delegation of authority to institute review.	25 January 2012