SILCS Sibergramme Issue 20 of 2017

Download issue:  SILCS 20 of 2017

We have pleasure in attaching the 20th SILCS for 2017, in which Owen Barrow summarises the following cases:

MAGODA V DIRECTOR-GENERAL OF RURAL DEVELOPMENT & LAND REFORM
LC (J1876/17) [2017] ZALCJHB 305 28 August 2017 13 pp
Myburgh AJ
SILCS 20/2017
Disciplinary enquiries — Application to interdict — Part-heard matters — Requirement to show urgency — High-ranking civil servant — Applicant alleging chairperson (a senior counsel) had acted irregularly in not postponing matter on account of her illness and ruling that matter would be decided on evidence led up to that stage — Applicant having already testified in-chief for one and half days and had put her version and defences to employer’s witnesses — Court holding that applicant would have to show exceptional circumstances for interim relief pending review and she had not been able to do so — Application dismissed.
MALOKA V WORKERSLIFE DIRECT (PTY) LTD
LC (J1446/13) [2017] ZALCJHB 303 25 August 2017 25 pp
Barnes AJ
SILCS 20/2017
Remuneration — Commission — Claim for specific performance in terms of s 77(3) of BCEA — Proof of — Employee producing two contracts, one for his services as administrative clerk and the other for sales agent — Employer contending that arrangement not one that was permissible in its organisation but unable to show that contracts in question were not authentic and valid contracts — Claim upheld.
INMVULA QUALITY PROTECTION AND OTHERS V UNIVERSITY OF SOUTH AFRICA
LC (J435/17) [2017] ZALCJHB 310 31 August 2017 13 pp
Van Niekerk J
SILCS 20/2017
Transfer of business as going concern — What constitutes — University taking over some of staff of security businesses that provided services to it but not taking over any of the infrastructure or equipment, know-how or specialist skills, which were to be provided by a new service provider — This not constituting the transfer of a business for purposes of s 197 of LRA.
METAL INDUSTRIES BENEFIT FUNDS ADMINISTRATOR V MYBURGH
LC (JS854/13) [2017] ZALCJHB 317 29 August 2017 6 pages
Lagrange J
SILCS 20/2017
Employment contract — Liability of employee — Contract to perform specific task and only for duration of task — Employee accepting terms of contract but resigning before completion of task — Employee recruited by recruitment agency — Employer suing for damages for recovery of original recruitment fee as well as further fee for replacement employee — Employer entitled only to damages in respect of recruitment fee for replacement.
DZIRUNI V SOUTH AFRICAN MARITIME SAFETY ASSOCIATION (SAMSA)
LC (J1818/17) [2017] ZALCJHB 311 31 August 2017 17 pages 
Tlhotlhalemaje J
SILCS 20/2017
Settlement agreement — Application for urgent order to make settlement agreement made at CCMA an order of court — Requirement of urgency — No immutable rule that financial inconvenience or hardship could not constitute ground for urgency — Applicant satisfying test for urgency in particular circumstances of case where he had no other remedy.

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