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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Sampson v Truvelo Manufacturers (Pty) Ltd (J 1483/17) [2019] ZALCJHB 81 (18 April 2019).

SUMMARY The factual context from which this judgment arises concerns the substantive fairness of a retrenchment dispute. In this action, Mark Anthony Sampson (“the Employee”) challenged the substantive fairness of his dismissal, asserting that it was not effected in accordance with section 189 of the LRA.     Truvelo Manufacturers (Pty) Ltd (the “Employer”) commenced
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Sol Plaatje Municipality v South African Local Government Bargaining Council & Others (PR192/16) [2019] ZALCJHB 126 (31 May 2019)

SUMMARY The Sol Plaatje Municipality (“the Applicant”) brought an application for leave to appeal against a judgment wherein the Court dismissed its review application. The Applicant brought said application on the grounds that it believed that the Court a quo (initially the Labour Court) erred in a number of instances, in its findings relating to
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Jojo v Element Six Production (Pty) Ltd (JS138/19) [2019] ZALCJHB 101 (15 May 2019)

SUMMARY The Applicant was employed as a production superintendent by the Respondent. The Applicant was retrenched, and brought an application to the Labour Court for condonation for the late filing of her statement of case.   On analysis of the prevailing jurisprudence, the Court had the discretion to condone late filling and non-compliance with court
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Lotz v Mehleketo Resourcing (Pty) Ltd and Another (C 424/18) [2019] ZALCCT (9April 2019)

SUMMARY The Applicant (the “Employee”) was employed as a Project Manager by the Second Respondent (the “Employer”). The Employee brought an application to the Labour Court on the basis of unfair retrenchment on both procedural and substantive grounds. Within 6 (Six) months of commencing employment, the Employer noticed that the Employee lacked a critical and
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Mthembu and Others v NCT Durban Wood Chips [2019] 4 BALR 369 (CCMA)

BACKGROUND AND SUMMARY The Commission for Conciliation, Mediation and Arbitration (the “CCMA”) recently handed down judgment in terms of a section 191(5)(a)(i) of the Labour Relations Act 66 of 1995 (the “Act”). The question of law before the Arbitrator of the Court was whether or not the dismissal of the Applicants was substantively fair.  
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Mhlupheki Willem Kubeka & Others v Ni-Da Transport (PTY) LTD (D 726-18;J 5386-17) [2019] ZALCD 1

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
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Long v South African Breweries (Pty) Ltd and Others; Long v South African Breweries (Pty) Ltd and Others (CCT61/18) [2019] ZACC 7 (19 February 2019)

BACKGROUND Allan Long (“the Applicant”) was previously employed by South African Breweries (Pty) Ltd (“the First Respondent”) as its district manager for the Border District. He was responsible for legal compliance in respect of the First Respondent’s operations in the Border District, including the requirements pertaining to a fleet of vehicles. On 10 May 2013,
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Exxarro Ferro Alloys (Pty) Ltd v Kekana and Others (JR 1293/16) [2019] ZALCJHB 19 (5 February 2019).

SUMMARY This judgment concerns an Arbitrator’s award made by Commissioner Malubane Buti at the Commission for Conciliation, Mediation and Arbitration (“CCMA”). On analysis of the factual matrix, Exxarro Ferro Alloys (Pty) Ltd(“the Employer”) dismissed Lesiba Kekana (“the Employee”) following an internal poor work performance enquiry into the Employee’s consistent poor work performance (failing to meet
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Kerry Edward Archer v The Public School – Pinelands & The School Governing Body of Pinelands High School & The Western Cape Education Department (C362/17) [2018] ZALCCT 10; [2018] 8 BLLR 785 (LC); 39 ILJ 1998 (LC) (20 April 2018)

SUMMARY Kerry Archer (the “Applicant”) was dismissed from his position as Business Manager of Pinelands High School (the “First Respondent”). The Applicant initially approached the CCMA on the basis that he had been unfairly and unlawfully dismissed from his employment. The Parties before the CCMA were the Applicant, the First Respondent and the Governing Body
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