Trendy Greenies (Pty) Ltd t/a Sorbet George v De Bruyn and Others
LC (C390/2020) [2020] ZALCCT 28 17 May 2021 9 pages
Coppin JA
SILCS 04/2021
Labour Court — Appeal — Application to have judgment executed — When granted — Enforcement of restraint of trade — Restraint having only a further four-and-a-half months to run — Enforceability of judgment pending appeal inherently urgent.
Labour Court — Appeal — Application to have judgment executed — When granted — Section 18(1) of Superior Courts Act 10 of 2013 requiring notice of appeal to be lodged with registrar in terms of the Rules — In instant case appeal had not been noted within 15 days of leave to appeal being granted.
National Union of Metalworkers of South Africa v Commission for Conciliation Mediation and Arbitration and Others
LC (JR2596/2018) [2021] ZALCJHB 29 4 March 2021 19 pages
Van Niekerk J
SILCS 04/2021
Bargaining council — Demarcation dispute — Civil engineering firm working on mine — Simply because civil engineering firm extracting coal did not render it engaged in ‘mining activity’ — Primary enquiry the purpose for which employer and employees concerned were engaged and purpose for which they were associated.
Emalahleni Local Municipality v Phooko NO and Others
LC (J396/21) [2021] ZALCJHB 61 5 May 2021 12 pages
Moshoana J
SILCS 04/2021
Arbitration — Stay of award — When granted — General principles restated.
Arbitration — Stay of award — Security — When ordered — Payment of by municipality — Court satisfied that municipality had sufficient funds and security not required.
Ngoye and Others v The Passenger Rail Agency of South Africa (PRASA) and Others
LC (J111/21) [2021] ZALCJHB 21; (2021) 42 ILJ 1267 (LC)
2 March 2021 23 pages
Baloyi AJ
SILCS 04/2021
Labour Court — Jurisdiction — Dismissal — Claim that dismissal unlawful — Mere failure to use phrase ‘breach of contract’ could not deprive court of its jurisdiction because that would involve court in prioritising form over substance — Furthermore, contention not sustainable in context where respondents had acted in manner that was contrary to terms of contract and on its own amounted to breach which was unlawful.
Labour Court — Urgent applications — Requirements for — Financial hardship not per se a reason for urgency.
Transvaal Clothing Manufacturers Association and Others v Minister of Employment and Labour and Others
LC (C216/2020) [2021] ZALCCT 7 10 May 2021 13 pages
Rabkin Naicker J
SILCS 04/2021
Bargaining council — Collective agreement — Extension of to non-parties — Minister extending terms of collective agreement to non-parties based on submission by Director General — No vote having taken place but Director-General’s submission alleging that voting had taken place — Absence of vote fatal to extension of collective agreement.
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