Mampane NO and Others v National Union of Public Service and Allied Workers and Another 2020 2 BLLR (LAC)

BACKGROUND The four Appellants are, the Commissioner of the National Lotteries Commission (“the NLC”), the NLC, the board of the NLC, and the Human Capital Manager of the NLC (“the HCM”). The Respondents are respectively the National Union of Public Service and Allied Workers (“NUPSAW”) and Ms Mokgatlha (“Mokgatlha”). The appeal is against the Labour
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MTINDE v SHERIFF JOHANNESBURG EAST AND OTHERS (J1104/2018) [2019] ZALCJHB 316 (29 October 2019).

SUMMARY The dispute concerns a writ of execution in respect of a taxed bill of costs, which Lumko Mtinde (“the Employee”) sought to stay by launching an urgent application, pending the outcome of an application to review and set aside the taxed bill of costs. The chronology preceding the writ of execution saw the Employee
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AMALUNGELO WORKERS ‘ UNION AND OTHERS v PHILIP MORRIS SOUTH AFRICA (PTY) LIMITED AND ANOTHER (CCT20/18) [2019] ZACC 45 (26 NOVEMBER 2019)

BACKGROUND The Applicants are Amalungelo Workers’ Union (and 75 of its members) who were employed by Philip Morris South Africa (Pty) Ltd and Leonard Leonard Dingler (Pty) Ltd, the Respondents. The Applicants alleged that the Respondents have, in contravention of section 34 of the Basic Conditions of Employment Act (“BCEA”), deducted tax (in respect of
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Mushi v EXXARO Coal (Pty) Ltd Grootegeluk Coal Mine (JA62/2018) [2019] ZALAC 44;

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
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Masoga and Another v Pick n Pay Retailers (Pty) Ltd and Others (JA14/2018) [2019] ZALAC 59 (12 September 2019)

BACKGROUND Pick ‘n Pay Retailers (Pty) Ltd (“PNP”) operates in-store bakeries to produce baked goods at certain of their stores. As part of an empowerment initiative, PNP decided to use these bakeries to train previously disadvantaged persons to operate self-standing bakeries, capable of operating independently of PNP. PNP contracted with Assist Bakery 115 CC (“AB”),
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AFGEN (Pty) Ltd v Ziqubu (JA34/18) [2019] ZALAC 40 (13 June 2019)

BACKGROUND The Respondent had been employed by AFGEN (Pty) Ltd (“the Appellant”) for just over a year, during which period she suffered from depression and was placed on sick leave for two months. Subsequent to the Respondent’s return, in December 2011, she was charged with misconduct for: (i) sending unauthorized emails to customers and (ii)
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Mthethwa v Department of Health: Gauteng Province and Another (JR2485/12) [2019] ZALCJHB 166 (25 June 2019)

SUMMARY On analysis of the factual matrix, the dispute at hand emanated from the unfair dismissal of TP Mthethwa (“the Employee”) by the Department of Health: Gauteng Province (“the Employer”).  The Employee initially referred the unfair dismissal dispute to the relevant bargaining council where the Employee was unsuccessful, being dissatisfied with that outcome, the Employee
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National Union of Metal Metalworkers of South Africa and Another v Aveng Trident Steel (A Division of Aveng Africa Proprietary Limited) and Others (JA25/18) [2019] ZALAC 36 (13 June 2019)

BACKGROUND In 2014, Aveng Trident Steel (“Aveng”) initiated a consultation process in terms of section 189 of the Labour Relations Act (“the LRA”) with the union NUMSA. Aveng recognised that a reduction of staff would not be sufficient to resolve its operational problems. It needed to achieve an improvement in productivity as well by, inter
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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

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
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Schrenk v Levy N.O and Others (C15/17) [2019] ZALC 7 (23 April 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
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