Download issue: SILCS 1 of 2017
We have pleasure in attaching the 1st SILCS for 2017, in which Owen Barrow summarises the following cases:
NOOSI V EXXARO MATLA COAL
LAC (JA62/2015)  ZALAC 3 10 January 2017 20pp
Review — Application for — Late filing of application — Condonation for — When to be granted — Applicant blaming delay on union officials but not providing dates on which significant events took place relating to the steps that had or had not been taken — Applications for condonation in individual dismissal cases to be strictly scrutinised for purposes of speed resolution of labour disputes — Condonation application dismissed.
VERMAAK V MEC FOR LOCAL GOVERNMENT & TRADITIONAL AFFAIRS AND OTHERS
LAC (JA15/2014)  ZALAC 2 10 January 2017 9 pages
Practice — Costs order — Attorney and own client costs — When to be awarded — Such costs reserved for extreme cases only and require motivation by the court granting the order — Courts reluctant to order costs against individual employee not supported by a trade union — Award of attorney and own client costs against individual employee in present case simply on the basis that matter was not urgent and was misconceived, not justifying award of costs, let alone punitive costs.
NCANE V LYSTER NO AND OTHERS
LAC (DA27/15)  ZALAC 1 10 January 2017 12 pages
Public service — Promotion — Evaluation of candidates — Not a mechanical process and involved a measure of subjectivity — Protected promotion — Where two candidates scoring same mark — Where it was shown on review that unsuccessful candidate should have been scored at same mark as person promoted, court not entitled on review to grant unsuccessful candidate protected promotion and was restricted to granting compensation.
BIDSERV INDUSTRIAL PRODUCTS (PTY) LTD V CCMA AND OTHERS
LAC (JA73/15)  ZALAC 4 10 January 2017 18 pages
Misconduct — Dismissal — Inconsistency of discipline — Proper factual foundation to be laid where a party alleges inconsistency of discipline — Generalised allegation insufficient.
MOODLEY V DEPARTMENT OF NATIONAL TREASURY AND OTHERS
LAC (JA13/2016)  ZALAC 5 10 January 2017 17 pages
Public service — Senior management — Dismissal of — Employer substituting its own sanction of dismissal on employee convicted of misconduct by disciplinary enquiry which recommended dismissal with the alternative of demotion — Failure by arbitrator to consider provisions of s 193(2) of LRA rendering decision subject to review.