CURRENT LABOUR LAW 2009

PETER LE ROUX

PRACTICE AND PROCEDURE

PETER LE ROUX

CHIRWA v TRANSNET LTD AND OTHERS[2008] 2 BLLR 97 (CC)

• Public sector employees are not entitled to utilise

administrative law remedies.

• Labour Court has sole jurisdiction to consider claims arising

from the employment sphere?

CHIRWA EXPLAINED

Gcaba v Minister of Safety and Security and Others

(CCT 64/08[2009] ZACC 26.)

Generally employment and labour relationship issues do not

amount to administrative action.

See also National Director of Public Prosecutions and

Others v Tshavhungwa and Others (9328/08 & 593/08

[2009] ZASCA 136 )

CHIRWA – ANOTHER REMEDY?

Nxele v Chief Deputy Commissioner, Corporate Services,

Department of Correctional Services and Others [2008] 12

BLLR 1179 (LAC) – principle of legality?

CHIRWA- ANOTHER REMEDY?

Ntshangase v MEC for Finance: KwaZulu-Natal and

Another (402/08) [2009] ZASCA 123 – review based on

s158(1)(h) of the LRA

This section states that the Labour Court may –

“…review any decision taken or any act performed by the

State in its capacity as employer on such grounds as are

permissible in law”.

INTERDICTING DISCIPLINARYPROCEDURES AND ARBITRATIONS

• Booysen v SAPS and Another [2008] 10 BLLR 928 (LC).

• Jiba v Minister of Justice and Constitutional

Development [2009] 10 BLLR 989 (LC).

• Trustees for the Time Being of the National Bioinformatics

Trust v Jacobson and Others [2009] 8 BLLR 833 (LC).

REMEDIES FOR UNFAIR DISMISSAL

Equity Aviation Services (Pty) Ltd v CCMA and Others

[2008] 12 BLLR 1129 (LC) – compensation and

reinstatement, independent remedies – reinstatement can be

made retrospective for more than 12 months.

TEST FOR REVIEWING PRIVATEARBITRATION AWARDS

• Clear Channel Independent (Pty) Ltd v Savage NO and

Another [2009] 5 BLLR 439 (LC), Steyn v Middelburg

Ferrochrome (a division of Samcor Ltd) and Others

(2009) 30 ILJ 1637 (LC) – test for review of private

arbitration awards are those set out in section 33 of the

Arbitration Act.

STAYING ARBITRATION AWARDS ANDWRITS OF EXECUTION

• Robor (Pty) Ltd (Tube Division) v Joubert and Others

[2009] 8 BLLR 785 (LC).

• Bartmann AAC & Bartmann MME t/a Khaya Ibhubesi v

De Lange CLG and Another [2009] 9 BLLR 872 (LC).

JURISDICTIONAL CERTIFICATES OF NON-RESOLUTION

• Gold Fields Mining South Africa (Pty) Ltd (Kloof Gold

Mine) v Commission for Conciliation, Mediation and

Arbitration and Others (JR 2006)/083/7/09.

• Strautman v Silver Meadows Trading 99 (Pty) Ltd t/a

Mugg and Bean [2009] 10 BLLR 1007 (LC)

JOINDER

Gordon v Department of Health: KwaZulu-Natal [2008] 11

BLLR 1023 (SCA).