Labour Court of South Africa, Durban - 2019

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4 judgments

Citation	Judgment date
September 2019
North Safety Products v Naidoo and Another (D 943 of 2019) [2019] ZALCD 2 (10 September 2019) Reported Restraint unenforceable absent protectable customer connections or confidential trade secrets; recollected knowledge may be used. Restraint of trade – enforceability – protectable interest required in customer connections or trade secrets Customer connections – need demonstrable, deep personal attachment likely to cause customers to follow employee Trade secrets – specific confidential information formulated and conveyed by employer distinguished from general recollected knowledge and experience Recollected knowledge and industry know‑how – employee free to use and disclose Plascon‑Evans approach – applicant must make specific averments; public/closed tenders may negate confidentiality	10 September 2019
July 2019
Newcastle Municipality v Nzimande and Others (D811/19) [2019] ZALCD 8 (26 July 2019) A municipal manager’s extension of fixed‑term contracts contrary to council resolution and statutory recruitment procedures is ultra vires and void. Local government – Municipal Systems Act s55, s67 and s72 – requirement for recruitment, selection and appointments consistent with council policy; Public administration values (s195 Constitution); Legality review – municipal manager’s extension of fixed‑term contracts ultra vires; Labour procedure – jurisdictional boundary between Labour Court legality review and bargaining council arbitration; Remedies – declaration of invalidity and costs.	26 July 2019
May 2019
Mkasi v Department of Health KwaZulu-Natal N.O. and Another (D 657 of 2019) [2019] ZALCD 6 (31 May 2019) Reported Court interdicted disciplinary hearing pending review where chair refused to decide waiver and review rights existed. Labour law; review under s158(1)(h) LRA – presiding officer’s rulings reviewable; functus officio – absence of a decision; waiver by unreasonable delay between suspension and charge; absolution from the instance – no clear statutory power for disciplinary chair; urgent interdict to protect review rights.	31 May 2019
January 2019
Kubeka and Others v NI-DA Transport (Pty) Ltd (D 726 of 2018; J 5386 of 2017) [2019] ZALCD 7 (31 January 2019) Reported Backpay under a reinstatement order accrues only after the respondent actually reinstates the applicant; contempt, not a contractual claim, enforces compliance. Labour law – Reinstatement orders – ad factum praestandum – backpay payable only upon actual reinstatement – remedy for non‑compliance: contempt of court – tender of services by union agent – section 77(3) BCEA claims vs enforcement of reinstatement orders.	31 January 2019