Labour Court of South Africa, Johannesburg - 2019 May

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3 judgments

Citation	Judgment date
May 2019
Mashaba v Citibank NA SA Branch NO and Others (JR 1294/2013) [2019] ZALCJHB 390 (29 May 2019) Reported Court varied ambiguous order to clarify only the reporting date, preserving the arbitral reinstatement with retrospective effect. * Labour law – review of arbitration award – interpretation of court order substituting part of an award; ambiguity in order; Rule 16A(1)(a)(ii). Interpretation – judgment and order must be read as a whole; court may clarify an order to give effect to its true intention without altering substance. Remedies – distinction between reinstatement (restores status quo ante; retrospective effect) and re-employment (creates new/alternative employment; discretion as to terms and retrospectivity). Costs – discretion to make no order where ambiguity and absence of reasons justify neutrality.	29 May 2019
SAMWU obo Shongwe and Others v Commissioner Moloi NO and Others (JR 483/2014) [2019] ZALCJHB 141 (24 May 2019) Despite arguable merit, the review was dismissed due to prolonged, unexplained delays and non‑compliance with the Practice Manual. Labour law – review of CCMA jurisdictional ruling – condonation and dismissal for lack of diligent prosecution (Rule 11 and Practice Manual non‑compliance) – distinction between interpretation and application of collective agreements – prescription plea – review of jurisdictional ruling based on whether arbitrator was right or wrong.	24 May 2019
Monare v South African Tourism (JS 133/2016) [2019] ZALCJHB 391 (2 May 2019) Applicant’s contractual claim for arrear salaries only became due when the Labour Appeal Court revived the reinstatement award. Labour law / Prescription — fixed-term employment reinstatement award suspended by review and appeal — effect on when contractual debt becomes due; distinction between pre-judgment (judgment debt) and post-judgment (contractual debt) claims; Prescription Act ss 12, 14, 15; Hendor applied.	2 May 2019