MARIUS SCHEEPERS LABOUR LAW ATTORNEY
LABOURATTORNEY

Labour Law cases decided in the South African Courts (Highlights and updated 1997 to 12 2025 [Copyright: Marius Scheepers /16.11.1]) Unfair Labour Practice: Acting allowance Dispute of interest JA39/99 Hospersa Benefit The LAC in the HOSPERSA case, considered that a benefit, contemplated by a residual unfair labour practice was situated on the pole occupied by an antecedent right to a benefit. This right arises ex contractu, ex lege or through a collective agreement JR1619/01

Administrative action, Administrative law, Collective agreement, Common law, Constitutional Law, Definition, Information, Interest dispute, Mutual interest vs rights issue, Nature of dispute, Parity principle, Protected disclosure act, Public Holidays Act 1994, Trade Union, Transfer of Employment, Unreasonable Delay Rule.

Labour Law cases decided in the South African Courts (Highlights and updated 6 1997 to 12 2025 [16.13.1])   Dismissals (Retrenchment and Severance pay): 1. Retrenchment Consultation Consultation must take place once the possible need is identified and before a final decision is made. Atlantis diesel Engines Theft still showed a preference for using contracting companies. the deferential approach was no longer part of our law and dismissal for operational requirements had to b

Labour Law cases decided in the South African Courts (Highlights and updated 6 1997 to 12 2025 [Copyright: Marius Scheepers/16.12.1]) LABOUR COURT Condonation, costs, court appeal, damages, execution, high court jurisdiction, interdict (see also urgent interdict), joinder, jurisdiction, labour court, order, plea, prescription, reinstatement, remedies, res judicata, rule nisi. Condonation Retention and share option payment. The applicant resigned from the respondent and claim

Labour Court review cases providing insite in the law of fairness and how to to apply substantive fairness when deciding whether an offence is serious and may warrent dismissal or not; and how does procedural fairness apply in disciplinary hearings.

Labour Law cases decided in the South African Courts (Highlights and updated 6 1997 to 6 2025 [Copyright: Marius Scheepers/15.9.1]) Collective Bargaining and Industrial Action (Strike , Lock-out, Essential Service): Collective bargaining Trade Union lost its majority membership In the absence of a collective agreement regulating consultation in the event of retrenchment, the Respondent was in my view obliged to consult with the applicant. D102/09 NUMSA v Aunde South Africa (P

Labour Law cases decided in the South African Courts (Highlights and updated 1997 to 6 2025 [Copyright: Marius Scheepers/15.8.1]) Urgent interdict, Urgent relief. Urgent Interdict sec 197 (i) the applicant had to show either a clear right or a prima facie right in the case of interim relief; (ii) a well-grounded apprehension of irreparable harm existed if the relief was not granted on an urgent bass; (iii) the balance of convenience favoured the granting of the relief on an u

Estoppel Labour Law cases decided in the South African Courts (Highlights and updated 6 1997 to 6 2025 [Copyright: Marius Scheepers/15.7.1])   Estoppel, Evidence. Estoppel The principle of estoppel has been held to be applicable in the field of labour relations. This was confirmed in the case of Chamber of Mines of SA v NUM 1987 (1) SA 668 (A) and in Maluti Transport Corporation Ltd v MRTAWU & Others (1999) 9 BLLR 887 (LAC), JR514/08 South African Revenue Services v CCMA & Ot

Labour Law cases decided in the South African Courts (Highlights and updated 1997 to 6 2025 [Copyright: Marius Scheepers/15.6.1]) Labour Court Review. Review CCMA Ruling Ruling on condonation not award A ruling, like any act other than an award, must be reviewed in terms of s158(1)(g) of the LRA JR822/01 Mould v Roopa NO & Others Record the employer was obliged in terms of the LC Rules to transcribe the Commissioners handwritten notes as part of the record DA15/02 Lifecare Sp

Arbitration Labour Law cases decided in the South African Courts (Highlights and updated 1997 to 12 2025 [Copyright: Marius Scheepers/16.5.1])   Arbitration awards, Commission for Conciliation Mediation and Arbitration, Private arbitration Arbitration awards Reason for dismissal, - Adjudicator not entitled off his own to decide that the employer ought to have relied on a different lawful ground for dismissal and then evaluate the fairness of the dismissal as if the employer h

Labour Law cases decided in the South African Courts (Highlights and updated 1997 to 12 2025 [Copyright: Marius Scheepers/16.4.1])     Affirmative action, Automatically unfair dismissal, Unfair Discrimination (including retirement age) Affirmative action National and Regional demgrafics had to be taken into account, Discrimination not protected ito section 6(2) EEA C 368/2012 Solidarity v Department of Correctional Services     AA plan defense of affirmative action rejected w

Agreement Labour Law cases decided in the South African Courts (Highlights and updated 1997 to 12 2025 [copyright: Marius Scheepers/16.2.1]). Employment and Conditions: Agreement, Conditions of employment, Contract, Constructive dismissal, Contract of employment, Employee, Employment, Labour Broker, Legal persona Agreement include grounds ito section 145 NOT PA10/09 Volkswagen v Koorts Settlement JS644/15 Food and Allied Workers Union and Others v Amalgated Beverage Industrie

Labour Law cases decided in the South African Courts (Highlights and updated 1997 to December 2025 [Copyright: Marius Scheepers/16.3.1]) Disciplinary hearing, Suspension. Disciplinary hearing Biased Manager Managers who chair enquiries are not neutral or oblivious to the employers interests. They are not judicial officers and they cannot reasonably be expected to exercise the same degree of judicial discipline and independence. Despite this, industrial relations practice perm