Labour Court of South Africa, Port Elizabeth - 2019

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6 judgments

Citation	Judgment date
November 2019
Goliath v Rocklands Poultry Loss Control / Sovereign Foods (P295/15) [2019] ZALCPE 16 (7 November 2019) An arbitration reinstatement award is a debt under the Prescription Act and remained enforceable; CCMA joinder is binding absent review. Labour law – Arbitration award ordering reinstatement; Prescription Act applicability to arbitration awards as "debt"; commencement and interruption of prescription (dismissal date; referral to CCMA); publication of award gives rise to fresh 30-year prescription period; CCMA joinder rulings and awards binding absent review; enforcement under section 158(1)(c) LRA.	7 November 2019
August 2019
Director General Department of Employment and Labour and Another v Green Secure Group (P 76/2018) [2019] ZALCPE 15 (23 August 2019) Reported Labour Court retains jurisdiction to grant orders on compliance orders that were filed and pending before the BCEA amendment effective 1 January 2019. Labour law – Basic Conditions of Employment Act – deletion of s 77A(a) – retrospectivity – jurisdiction to make pre-amendment compliance orders orders of court – pending applications preserved; no vested right where no application pending.	23 August 2019
Phopo v National Commissioner of South African Police Services and Others (P 275/16) [2019] ZALCPE 14 (20 August 2019) Peremptory statutory time limits may permit substantial compliance; Commissioner’s refusal was irrational and remitted for reconsideration. Labour law; SAPS Act s36(2)(c) — statutory 30‑day time limit for reinstatement — interpretation of peremptory provisions; substantial compliance; condonation; administrative action and reviewability under s158(1)(h) LRA; legality, rationality and procedural fairness of decision-making.	20 August 2019
Dlwati v King Sabata Dalindyebo Fet College (P50/15) [2019] ZALCPE 17 (18 August 2019) Death of a party does not ipso jure stay Labour Court proceedings; executor substitution required and postponement granted. Labour Court procedure — death of a party — Superior Court practice: death does not automatically stay proceedings; substitution by executor required before further steps; postponement appropriate where executor status unclear; de bonis propriis costs orders require rule nisi and opportunity to be heard.	18 August 2019
July 2019
Nthejane v Department of Health, Free State (PS 7 of 2015) [2019] ZALCPE 13 (18 July 2019) A default judgment will not be rescinded where the respondent's absence was wilful and good cause was not shown. Labour Court — rescission of default judgment — rule 16A(1)(a) and 16A(1)(b). Interlocutory orders — variation of interlocutory procedural directions — court's discretion. Rescission — requirements: erroneous grant v. good cause; wilful/default conduct defeats rescission. Pleadings — party confined to case in founding affidavit but court may consider raised alternatives where sufficiently pleaded. Costs — no order where rescission application not frivolous or unreasonable.	18 July 2019
February 2019
Walsh v Superintendent General Eastern Cape Department of Health and Others (PR242/17) [2019] ZALCPE 18 (19 February 2019) Reported Transfer by head of department was lawful and rational, following consultation and legitimate public‑interest considerations. Public Service Act s 14 – transfers – requirement that transfer be in the public interest; delegation of executive authority; procedural fairness and meaningful consultation; legality and rationality review of administrative/state employer decisions; interplay between unlawful union conduct and employer’s transfer decision.	19 February 2019