Phil Skinner and 208 Others v Nampak Ltd and Others
LAC (JA95/19) [2020] ZALAC 43 24 November 2020 17 pages
Murphy AJA
SILCS 13/2020
Remuneration — Employee benefits — Medical aid contributions — Post-retirement medical aid contributions — Policy containing a stipulation conferring upon employer the right to determine its performance unobjectionable — Fairness of cap on contributions — Affordability by employer not decisive consideration — Operational requirements of employer a relevant consideration.
Mngadi v Jenkin NO and Others
LAC (DA 7/2019) [2020] ZALAC 42 24 November 2020 9 pages
Murphy AJA
SILCS 13/2020
CCMA — Jurisdiction — Condonation — Complaint one of a recurring nature — Whether condonation required — Prospects of success immaterial in determining whether or not jurisdiction established where complaint one of a recurring nature.
AMCU obo Rantho and 158 Others v Samancor Western Chrome Mines
LAC (JA62/19) [2020] ZALAC 46 1 October 2020 18 pages
Murphy AJA
SILCS 13/2020
Strike — Unprotected strike — Dismissal — Ultimatum — Requirements for — Need to be clear and unambiguous — Where ultimatum contained a reservation of rights to take further action by employer — Employer not entitled to approbate and reprobate.
Molosioa v Eskom Holdings Ltd (Komati Power Station)
LAC (JA1/19) [2020] ZALAC 44 3 November 2020 7 pages
Coppin JA
SILCS 13/2020
Labour court — Practice — Rule 7(8) of Rules of Labour Court — Whether rigid approach required — Party need not necessarily have to amend a notice of application in a review in order to be able to file a supplementary affidavit contemplated in rule — Rules clearly anticipated that, once the record of the proceedings was made available, it might be necessary to add to, or further refine the grounds or basis on which the relief stated in the notice of application was being sought, albeit without having to amend the notice of application on notice of motion, because the relief sought remained the same.
Trendy Greenies (Pty) Ltd t/a Sorbet George v De Bruin et al
LC (C 390/2020) [2020] ZALCCT 28 21 October 2020 11 pages
Lagrange J
SILCS 13/2020
Restraint of trade — Interpretation of — Geographic extent of restraint — Meaning of ‘radius’ in restraint — ‘As the crow flies’ method applied in particular circumstances of semi-urban restraint of 10 kilometres.