08/11/2024
Issue 10 of the 2024 Labour Law Sibergramme. In this issue, John Grogan discusses the following cases:
Umicore Catalyst South Africa (Pty) Ltd v National Union of Metalworkers of South Africa & others
Labour Appeal Court
PA3/2023 (29 August 2024)
Umicore Catalyst SA acquired the business of another catalytic converter company in Port Elizabeth, and when the lease on that building expired in 2017 decided to relocate the staff at that site to its main factory. This would mean that about 52 posts would become redundant. …
Mamasedi v Chief of the South African National Defence Force and others
Constitutional Court
CCT359/22 (21 August 2024)
Mr Mamasedi, a fulltime SANDF soldier in an administrative position, went AWOL between 29 November 2011 and 2 January 2012. When he reported for duty, he was told that he had been discharged in terms of s 59(3) of the Defence Act 42 of 2002, which provides that a soldier may be ‘deemed dismissed for misconduct’ for going AWOL for longer than 30 days. …
Member of the Executive Council: Department of Education, KwaZulu-Natal and another v Cumalo and a related case
Labour Appeal Court
DA07/2023 (23 August 2024)
This case was a sequel to Mamasedi (above), but arose in a different sector – this time in education. After repeated absences from work due to ill health starting in 2010, Mr Cumalo applied for temporary incapacity leave when his sick leave was exhausted. Some of his subsequent leave was approved, and some not. …
Samancor Chrome Limited t/a Samancor Eastern Chrome Mines v National Union of Mineworkers obo Matshebele and others
Labour Appeal Court JA69/2022 (6 September 2024)
Mr Matshebele was charged with using Samancor’s Pick ’n Pay Smart Shopper loyalty points and dismissed. He claimed that he had used a card of a friend who had agreed that he (Matshebele) could claim loyalty points. A CCMA commissioner found that, although there was a strong suspicion that Matshabela was party to a scam, the evidence did not prove that he was guilty of any wrongdoing. Samancor appealed, to its lasting regret. …
Mavela v Atomic Marketing CC
Commission for Conciliation, Mediation & Arbitration ECGQ2145-24 (21 August 2024)
This was the first arbitration concerning an allegedly fraudulent sick note after the LAC handed down its judgment in Woolworths (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration (2024) 45 ILJ * 2270 (LAC). …
Ndlovu v CMH Honda Multifranchising
Metal & Engineering Industry Bargaining Council
MIDB23210 (26 August 2024)
Mr Ndlovu and his girlfriend went on a joyride in his company car one Sunday, after which Ndlovu, the car and his girlfriend were towed back to the respondent’s car dealership with its sump torn out and the engine damaged beyond repair. He claimed that he had allowed fellow congregants to test drive the vehicle after church, but couldn’t explain why he was drunk when he returned the car and why he tore off his girlfriend’s clothes and assaulted her. ...
For more information please consult the individual case using the citation provided.
Dimo Labour Law Specialists - Pty Ltd
