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Citation
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Judgment date
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| November 2015 |
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Reported
Court grants absolution: pay disparities alone, without causal nexus to gender, do not establish unfair discrimination.
Employment Equity Act – equal pay/same or similar work – claim for less favourable remuneration on basis of gender – requirement to prove causal nexus between sex and differential treatment. Jurisdiction – Labour Court competent to hear EEA equal pay/discrimination claims even where related benefit disputes have been pursued elsewhere. Evidence – mere pay disparity insufficient; claimant must establish prima facie case before burden shifts; absolution appropriate where no reasonable evidence supports discrimination. Indirect discrimination – no evidence adduced to support claim.
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24 November 2015 |
| August 2015 |
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Arbitrator reasonably preferred employee's evidence over the doctor's; dismissal for alleged fraudulent medical certificate was unfair.
Labour law – unfair dismissal – allegation of fraudulent misrepresentation based on medical certificate – assessment of credibility, reliability and probabilities – review under s 145 LRA – factual findings not reviewable where reasonable.
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11 August 2015 |
| June 2015 |
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Reported
Arbitrator misconceived a promotion complaint as a salary-upgrade matter; award set aside for material irregularity and lack of jurisdiction.
Labour law — Review of arbitration award — Unfair labour practice (promotion) vs job grading/upgrade — Public Service Act and Regulations govern post grading — Jurisdictional issue: late referral/condonation — Arbitrator misconceived the nature of the enquiry, decided without evidence and exceeded powers — Award set aside.
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26 June 2015 |
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Late filing of a review record beyond the practice manual’s 60 days deems the application withdrawn and it is struck from the roll.
Labour Court practice manual – filing of record for review – 60‑day rule – paragraph 11.2.3 deeming late filing as withdrawal – practice directives binding – remedy: strike from roll; condonation/reinstatement application available.
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17 June 2015 |
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Arbitrator’s procedural‑unfairness finding set aside where it relied on an unadvanced ground and no prejudice was shown; cross‑review condoned.
Labour law – review of arbitration award – procedural fairness – arbitrator reliance on unadvanced ground impermissible – non-compliance with disciplinary code does not establish unfairness absent prejudice – condonation – inordinate delay and inadequate explanation fatal to late cross-review.
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12 June 2015 |
| May 2015 |
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A substantial demotion and ~45% pay cut justified the arbitrator’s award of severance pay; joinder of the old employer was not required.
Labour law – severance pay – s 41 BCEA – reasonableness of alternative employment offer – demotion and substantial salary reduction. Labour law – transfer of business as going concern – s 197 LRA – joint and several liability of old and new employers; joinder is discretionary/convenience, not mandatory. Arbitration review – procedural irregularity (failure to invite joinder/misleading comment) not automatically fatal absent prejudice. Scope of arbitration under s 41 – does not extend to apportionment/indemnity disputes between old and new employers under s 197.
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14 May 2015 |
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Arbitrator unreasonably ignored standing written instruction; dismissal for failure to clean machine radiator upheld as fair.
Labour law – Review of arbitration award – Reasonableness standard (Herholdt/Kloof Mine) – Arbitrator’s misconstruction of charge by ignoring standing written instructions (checklist) – Patent irregularity in refusing postponement but non‑prejudicial – Sanction assessment: prior warnings and suspension supported dismissal.
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14 May 2015 |
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Reported
Court awards compensation under s 68(1)(b) for losses from an unprotected strike continued after an interdict, with instalments and wage deductions.
Labour law – Unprotected strike – Compensation under s 68(1)(b) of the LRA – factors: attempts to comply, premeditation, response to unjustified conduct, compliance with interdict, collective bargaining interests, duration, financial position. Evidence – affidavit-based proof of loss and attribution to strike; credibility of union's efforts to curb action. Remedies – joint and several liability of union and members; wage deductions authorised by BCEA s 34(1)(b); instalment repayment to mitigate financial effect.
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7 May 2015 |
| April 2015 |
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Commissioner failed to balance factors; dismissal for admitted dishonesty was substantively and procedurally fair and substituted by the Court.
Labour law – dismissal for dishonesty – weight of dishonesty in sanction assessment; Commissioner’s duty to balance mitigating and aggravating factors (Sidumo); Review – unreasonableness/partiality as reviewable irregularity; Substitution of arbitration award by court where record complete; Position of trust and prior warning aggravating misconduct.
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29 April 2015 |
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Applicant failed to show arbitrator unreasonable; technical affidavit defect not fatal and condonation was upheld.
Labour law – condonation for late institution of disciplinary proceedings – SALGBC disciplinary code time limits – procedural requirement of affidavit – signature on annexure – substance over form – review on reasonableness standard.
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29 April 2015 |
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Court upheld CCMA finding that claimant was an employee, not an independent contractor, and dismissed the review with costs.
Labour law – employment relationship – employee v independent contractor; application of s 200A indicia (control, integration, economic dependence, tools, exclusivity); contractual labels and waivers not determinative of employment status; review standard (de novo for employment-status findings; reasonableness for other grounds); arbitration award of unfair dismissal and compensation upheld.
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24 April 2015 |
| March 2015 |
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A reasonable arbitrator’s finding that officers bona fide exercised discretion, negating misconduct, is not reviewable.
Labour law – review of arbitration award – reasonableness standard – deference to arbitrator’s factual findings; Police disciplinary law – exercise of discretion not to arrest in terms of National Commissioner’s directive; Evidentiary burden – employer’s failure to produce SAPS 13 register undermines proof; Procedural irregularity – absence of prejudice defeats review remedy.
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24 March 2015 |
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Reported
Court enforces arbitration-derived promotion order, denies contempt imprisonment for lack of personal service, and rejects late legality challenge.
Labour law – interpretation of arbitration awards and court orders; enforcement of awards made an order of court; contempt of court – requisites (order; service; non-compliance; wilfulness/mala fides); alleged illegality under Public Service Act/PFMA – timing and limits of raising illegality; discretionary exclusion of late affidavits.
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24 March 2015 |
