SILCS Sibergramme Issue 21 of 2017

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We have pleasure in attaching the 21st SILCS for 2017, in which Owen Barrow summarises the following cases:

WORLD NET EXPRESS (A DIVISION OF WORLD NET LOGISTICS (PTY) LTD) V AUCAMP AND ANOTHER
LC  (J1794/17) [2017] ZALCJHB 324 12 September 2017 27 pages
Tlhothalemaje J
SILCS 21/2017
Restraint of trade — When enforceable — Protectable interest — Twofold nature of — Former and present employers engaged in fiercely competitive service industry where there was no customer retention — Employee working in division of competitor whose business quite unlike that of former employer— Employer not having enforced restraints against former senior employees in past from joining same competitor — Restraint not enforceable.
NORTJE AND SEVEN OTHERS V REGENESYS MANAGEMENT (PTY) LTD
LC (J1824/15, JS766/15) [2017] ZALCJHB 328 11 September 2017 4 pages
Lagrange J
SILCS 21/2017
Labour court — Hearing — Postponement — Interests and inconvenience to other party — Court reluctantly granting postponement where not entirely satisfied with applicant’s explanation for such postponement — Applicant for postponement required to reimburse opposing parties for lost income before matter heard, failing which matter would proceed by default.
UNITRANS PASSENGER (PTY) LTD TRADING AS GREYHOUND COACH LINES V NUMSA AND OTHERS
LC (D1025/17) [2017] ZALCD 18 21 August 2017 8 pages
Whitcher J
SILCS 21/2017
Employment — Employee — Terms and conditions of employment — Unilateral alteration of — What constitutes — Terms and conditions of employees employed as long-distance bus drivers regulated by Main Agreement relating to hours of work — ‘Spread over’ not permitted to be more than 14 hours in one day — Employer disregarding time spent by second driver in sleeping compartment in computation of spread over and resultant hours required to be work exceeding 14 hours — Employer failing to comply with Main Agreement.
Strike — Protected strike — Application of provisions of s 64(1) of LRA — Union referring dispute and certificate issued that matter not resolved — Matter one of interest — Union indicating that it intended to issue notice giving 48 hours’ notice of strike after cooling off period of 30 days — Union complying with provisions of LRA and Main Agreement and entitled to strike after giving notice.
BIFAWU OBO MNCUBE & 60 OTHERS V LEGALWISE EXPENSES INSURANCE SOUTH AFRICA T/A LEGALWISE
LC(J889/17) [2017] ZALCJHB 32512 September 201710 pages
Lagrange J
SILCS 21/2017
Review — Of a decision of private employer — Applicability of s 158(1)(h) of LRA — Section not applicable to review of decisions of private employers.
MTIMKULU V CCMA AND OTHERS
LC (JR 2227/05) [2007] ZALC 6825 August 20179 pages
Naidoo AJ
SILCS 21/2017
Condonation — For late referral of dispute to CCMA — Employee claimed to have been unaware of the disciplinary hearing conducted in his absence and his subsequent dismissal (after his resignation was refused by employer when it was discovered that he had fraudulently claimed to have had a number of degrees and a competing job offer which induced the employer to increase his salary) — Whole basis of application was his being unaware of his dismissal until he returned to work after five months during which he was not paid — Employee had not queried why he had not been paid — Refusal of condonation by Commissioner upheld on review.SILCS 21 of 2017

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