SILCS Sibergramme Issue 19 of 2017

Download issue:  SILCS 19 of 2017

We have pleasure in attaching the 19th SILCS for 2017, in which Owen Barrow summarises the following cases:

FORT V COEGA DEVELOPMENT CORPORATION (PTY) LTD AND OTHERS
LAC (PA8/16) [2017] ZALAC 50 17 August 2017 35 pages
Phatshoane AJA
SILCS 19/2017
Misconduct — Dismissal — When appropriate — Dismissal for abuse of position of authority by actively participating in recruitment and appointment process and acting where conflict of interest arose in appointing persons whom she knew — Nepotism having damaging effect on corporate culture — Dismissal appropriate even though employee had nine years’ service with unblemished record.
VENTER V SYMINGTON & DE KOK
LC (JS418/15) [2017] ZALCJHB 301 23 August 2017 21 pages
Lagrange J
SILCS 19/2017
Remuneration — Claim for — Claim for arrear overtime pay — Proof of — No record kept by employer of time worked — Employee still required to prove that she worked overtime but lack of statutorily mandated records affecting onus for employer.
Remuneration — Claim for — Choice of court — Magistrate’s court also having jurisdiction in terms of s 77(4) of the BCEA — Where claim within monetary jurisdiction of magistrate’s court, advisable to institute action there from a costs point of view as Labour Court could penalise party, by awarding costs on magistrate’s courts’ scale, who did not have good reasons for bringing case in Labour Court where the lower court had monetary jurisdiction.
IMPALA PLATINUM LTD V JONASE AND OTHERS
LC (J698/15) [2017] ZALCCT 39 24 August 2017 12 pages
Steenkamp J
SILCS 19/2017
Discrimination — Pregnancy — Mine workers becoming pregnant and ordered to stop working underground for health and safety reasons, and in terms of company policy — Alternative work found, in terms of the policy, for only two of such employees who had administrative skills — Other employees, for whom there was no alternative work, forced to take their maternity leave or unpaid leave once that was exhausted — Two of those employees instituted a claim based on discrimination and contended that they wanted to be treated like other pregnant employees — Court holding that because of the formulation of their claim in this manner no discrimination could be proven as the only discrimination was as against the two employees who were found alternative positions because of their skills.
CITY OF CAPE TOWN V IMATU (OBO BRONKHORST) AND OTHERS
LC (C241/16) [2017] ZALCCT 38 22 August 2017 6 pages
Steenkamp J
SILCS 19/2017
Misconduct — Abuse of authority and removal of items from employer’s depot without permission — Dismissal — When appropriate — At disciplinary hearing initiator having asked only for a short suspension — Dismissal not appropriate in circumstances.
ECOLAB (PTY) LTD V THOABALA AND ANOTHER
LC (J1716/17) [2017] ZALCJHB 300 23 August 2017 17 pages
Tlhothalemaje J
SILCS 19/2017
Restraint of trade — Enforcement of — By way of urgent interdict  — Urgency — What needs to be established — Nothing inherently special or unique about restraint of trade disputes that made them deserving of more urgent attention from the court than other disputes — Parties alleging breaches of restraint of trade agreements not indemnified from satisfying the requirements in Rule 8.

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