Mushi v EXXARO Coal (Pty) Ltd Grootegeluk Coal Mine (JA62/2018) [2019] ZALAC 44;
Wednesday, 27 November 2019
SUMMARY The Appellant (“Mushi”) had been employed by the Respondent, Exxaro Coal (Pty) Ltd, (“Exxaro”) at Grootegeluk Coal Mine for 24 years. On 10 March 2015, Mushi was on duty driving an oversized coal haul truck. Mushi reported to his foreman that a shovel operator was loading his truck in an unsafe manner and the
- Published in 2019, Appeals, Labour Law
No Comments
National Union of Metalworkers of South Africa obo Khanyile Nganezi and Others v Dunlop Mixing and Technical Services (Pty) Limited and Others [2019] ZACC 25
Tuesday, 16 July 2019
BACKGROUND In August 2012, members of the National Union of Metalworkers of South Africa (“NUMSA”) engaged in a protected strike. During the strike, several acts of violence, intimidation and damage to property were alleged to have occurred. Despite not positively and individually identifying the perpetrators, Dunlop (the employer), dismissed the workers who had been involved
- Published in 2019, Labour Law, News
Tsebo Outsourcing Group v Commissioner: Silas Segole and Others (JR1163/17) [2019] ZALC 5 (30 April 2019)
Tuesday, 09 July 2019
SUMMARY This matter concerns the Commissioner’s (the First Respondent) award finding that the dismissal of Cecilia Senatsi, the Third Respondent, by Tsebo Outsourcing Group, the Applicant, was substantively and procedurally unfair, ordering her reinstatement. The Applicant sought an order setting aside the award. The Third Respondent was employed by the Applicant as an Assistant Catering
- Published in 2019, News, Unfair dismissal review application
Schrenk v Levy N.O and Others (C15/17) [2019] ZALC 7 (23 April 2019)
Wednesday, 03 July 2019
BACKGROUND AND SUMMARY This case involves an opposed application reviewing an arbitration award issued by Emma Levy N.O. (“the Arbitrator”). Schrenk (“the Applicant”) had been employed by Transnet Port Terminals (“the Company”) for a duration of 34 years. The Applicant was dismissed in September 2016, following allegations that he had made a racist remark
- Published in 2019, Labour Law, News
Mhlupheki Willem Kubeka & Others v Ni-Da Transport (PTY) LTD (D 726-18;J 5386-17) [2019] ZALCD 1
Thursday, 25 April 2019
SUMMARY The applicants instituted a claim for arrear wages in terms of section 77(3) of the Basic Conditions of Employment Act. The application was based on a judgment from the Labour Court, that the applicants be reinstated, retrospectively to the date of their unfair dismissals, and that the applicants report for duty within 14 days
- Published in 2019, Labour Law, News
GLENCORE HOLDINGS (PTY) LTD AND ANOTHER V SIBEKO AND OTHERS (JA16/2016, 2013/JR2189) [2017] ZALAC 65; [2018] 1 BLLR 1 (LAC); (2018) 39 ILJ 138 (LAC) (1 NOVEMBER 2017)
Tuesday, 16 October 2018
SUMMARY Glencore Holdings (Pty) Limited (“the Employer”) dismissed Sibeko (“the Employee”) following an investigation in which it was discovered that the Employee had failed to follow stipulated workplace protocol, namely for failing to wear ear muffs. The Employee chose to refer the matter to arbitration, as he was adamant that he was not guilty of
- Published in 2018, Labour Law
Lesedi v Commission for Conciliation, Mediation and Arbitration and Others (JR667/15) [2018] ZALCJHB 57 (15 February 2018)
Tuesday, 25 September 2018
SUMMARY This matter concerns a review application brought about by Moeti John Lesedi (the “Applicant”) who is reviewing an arbitration order made by the Commission for Conciliation, Mediation and Arbitration (the “CCMA”), who is the First Respondent in the matter and Commissioner Timothy Boyce (the “Second Respondent”). The Applicant’s review application concerns Dischem Pharmacies (the
- Published in News, 2018, Labour Law
Unitrans Supply Chain Solutions (Pty) Ltd v National Bargaining Council for the Road Freight and Logistics Industry (NBCRFLI) and Others
Wednesday, 22 August 2018
SUMMARY – Background to Review This is an opposed review application of an award in which the arbitrator found that the third respondent, Mr I Juries (‘Juries’), was dismissed by the applicant (‘Unitrans’) unfairly because he did not deliberately falsify payroll information which caused a shop steward, Mr G Coetzee (‘Coetzee’), to receive additional remuneration
- Published in News, 2018, Labour Law
Bell Equipment Sales SA Ltd v Tshepo Mashiigo (N.O.) and Others [2018] ZALCJHB 251 (31 July 2018)
Wednesday, 08 August 2018
SUMMARY This matter concerns the First Respondent’s award finding that the dismissal of the Fourth Respondent was substantively unfair, ordering his reinstatement. The Applicant sought an order setting aside the award, while the Fourth Respondent applied for the award to be made an order of court. The Fourth Respondent’s dismissal arose from his failure to
- Published in 2018, Labour Law, News
Mashego v Cellier No and Others (2016) 37 ILJ 994 (LC)
Wednesday, 09 May 2018
SUMMARY The applicant, Mr Mashego, was dismissed for alleged misconduct. In response thereto, he referred an unfair dismissal dispute to the Commission for Conciliation, Mediation and Arbitration (“the CCMA”). The matter remained unresolved at conciliation and, as a result, the applicant referred his case to arbitration, which came before the first respondent in his capacity
- Published in 2018, Labour Law, News
