Tag Archives: Labour Appeal Court

City Power (Pty) Ltd v Grinpal Energy Management Services (Pty) Ltd and Others

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Case No. Lower Court Judgments Hearing Date
CCT 133/14 Labour Court, 31 Aug. 2012
Labour Appeal Court, 29 May 2014		 18 Nov. 2014

By Duncan Wild on 3 November 2014

This case involves the consideration of when the cancellation of a contract under which certain services are outsourced may be considered a transfer of business from the outsourcee to the outsourcer, requiring the outsourcer to take over the employment contracts of the employees of the outsourcer under section 197 of the Labour Relations Act 66 of 1995 (“LRA“.) Continue reading →

Powertech Transformers DPM v NUMSA obo Jongikhaya Chris Sinuko and Others

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Case No. Lower Court Judgments Hearing Date
CCT 186/13 Labour Court, 1 February 2012;
Labour Appeal Court, 2 December 2013		 12 May. 2014

By Sarah McGibbon on 1 May 2014

This case is an appeal against the judgment of Coppin AJA in the Labour Appeal Court (“LAC“).  The primary questions to be considered by the Constitutional Court are (i) whether the LAC has the power to decide grounds of review that were not fully canvassed by the Labour Court; (ii) whether the arbitrator should have found that he did not have the jurisdiction to arbitrate the dispute; and (iii) whether the decision of the LAC to confirm the arbitrator’s award was correct. Continue reading →

Khumalo and Another v MEC for Education, Kwazulu-Natal

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Case No. Lower Court Judgments Hearing Date Judgment Date Majority Author  Vote
CCT 10/13 Labour Court, Durban, 6 Jul. 2010
Labour Appeal Court, 29 Aug. 2012		 8 Aug. 2013 18 Dec. 2013  Skweyiya J  8-2

By Duncan Wild on 21 December 2013

The case involves whether the promotions of two persons within the Kwazulu-Natal Department of Education (“the Department”) should be set aside as unlawful.

Mr. Khumalo, the first appellant, applied for and was promoted to the position of Chief Personnel Officer in the Department in April 2004.  Mr. Ritchie, the second appellant in this matter, had also applied for the post but was not shortlisted. He challenged the failure to shortlist him before the General Public Servants Sectoral Bargaining Council on the basis he should have been shortlisted as he met all the requirements for the post.  As a result of this process, Mr. Ritchie and the Department entered into a settlement agreement whereby Mr. Ritchie was granted a protected promotion to the post to which Mr. Khumalo had already been promoted, and Mr. Khumalo was allowed to retain his promotion.

The Labour Court and Labour Appeal Court had set aside both promotions, but the Constitutional Court, in a majority judgment written by Justice Skweyiya, ordered that both promotion be upheld. Justice Zondo, concurred in by Justice Jafta, wrote a minority judgment in which he agreed with the result of the majority but for different reasons.  Continue reading →

Grootboom v National Prosecuting Authority & Another

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Case No. Lower Court Judgments Hearing Date Judgment Date Majority Author  Vote
 CCT 08/13 Labour Court, 18 Dec. 2009Labour Appeal Court, 21 Sep. 2012 23 May. 2013 21 Oct. 2013 Bosielo AJ Unanimous

By Michael Dafel and Duncan Wild on 23 October 2013.

This matter stems from a decision by the NPA to invoke section 17(5)(a)(i) of the Public Service Act 103 of 1994 (Act) to discharge the employment services of Mr Grootboom.  In the Constitutional Court, Mr Grootboom seeks an order for that decision to be set aside.

The Constitutional Court, in a judgment authored by Bosielo AJ, in which Moseneke DCJ, Froneman J, Jafta J, Khampepe, J, Mhlantla AJ, Nkabinde J and Skweyiya J concurred) found that the decison to to discharge the services of Mr Grootboom should be set aside, as the requirements of section 17(5)(a)(i) had not been met.  In addition, the Majority found that the NPA’s late filing of answering affidavits and written submissions could not be condoned as there was no proper explanation for the delay.

Justice Zondo wrote an opinion in which he agreed with the order granted by Bosielo AJ, but thought that the late filing of affidavits and written submissions to the court should be condoned.  Continue reading →

Grootboom v National Prosecuting Authority & Another

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Case No.  Lower Court Judgments  Hearing Date
CCT 08/13 Labour Court, 18 Dec. 2009

Labour Appeal Court, 21 Sep. 2012

  23 May 2013

By Michael Dafel on 16 April 2013.

This matter stems from a decision by the NPA to invoke section 17(5)(a)(i) of the Public Service Act 103 of 1994 (Act) to discharge the employment services of Mr Grootboom.  In the Constitutional Court, Mr Grootboom seeks an order for that decision to be set aside. Continue reading →