SILCS Sibergramme issue 22 of 2017

Download issue:  SILCS 22 of 2017

We have pleasure in attaching the 22nd SILCS for 2017, in which Owen Barrow summarises the following cases:

WOOLWORTHS (PTY) LTD V SACCAWU AND OTHERS
LAC (JA56/2016) [2017] ZALAC 54 19 September 2017 27pp
Tlaletsi DJP, Landman JA and Phatshoane AJA
SILCS 22/2017
Dismissal — For operational requirements in terms of s 189A of the LRA — Employer converting workforce to flexi-time from full-time employment — Employees declining offers to convert — Employees proposing that they work flexi-time but not on all terms applicable to flexi-timers — Employer not considering alternatives to dismissal — Dismissal substantively unfair — In circumstances where reinstatement not possible as posts had been made redundant, compensation of 12 months’ remuneration awarded.
Dismissal — For operational requirements in terms of s 189A of the LRA — Distinction between procedural and substantive fairness lying close together and procedural unfairness may result in substantive unfairness — Court a quo finding that dismissal procedurally unfair but ordering reinstatement — Reinstatement not competent in such circumstances.
KBC HEALTH AND SAFETY (PTY) LTD V SOLIDARITY OBO SMITH
LAC (JA81/16) [2017] ZALAC 53 19 September 2017 13 pages
Phatshoane AJA
SILCS 22/2017
Labour Court — Judgment — Default judgment — Rescission of — Matters to be considered by court — Court deciding matter solely on the basis of applicant’s alleged false denial of receipt of statement of claim and application for default judgment — Court failing to consider merits — Applicant having prima facie prospects of success — Default judgment set aside.
SISONKE PARTNERSHIP T/A DSV HEALTHCARE V MEDTRONIC SOUTH AFRICA AND OTHERS
LC (j1864/17) [2017] ZALCJHB 329 14 September 2017 13 pages
Lagrange J
SILCS 22/2017
Transfer of business — Whether constituting transfer of business in terms of s 197 of LRA — Termination of logistics supply agreement in terms of which logistics and warehousing function reverted to client — Nothing like an up and running warehousing function transferred back to client as client still had to provide further infrastructure and services — No transfer of business occurring as intended by s 197 of LRA.
NYANDA V CITY OF JOHANNESBURG AND OTHERS
LC (j1864/17) [2017] ZALCJHB 329 19 September 2017 17pages
Lagrange J
SILCS 22/2017
Labour Court — Applications — Urgent application — Requirements — Applicant applying for urgent interim order preventing erstwhile employer from appointing a replacement for him pending his application for alternative relief — Applicant basing his application on a claim that he should have been converted to permanent employment from his fixed term employment that had come to an end — Applicant having almost 2 months earlier demanded under threat of legal action that he be converted to permanent employment but employer ignoring threat for some time until it finally unequivocally refused to convert the employment — Period of three weeks expiring after that before applicant instituted application — Urgency not proven and application dismissed.

, , , , , , , , , , , , ,

No comments yet.

Leave a Reply