i © SALLR 2019 CONTENTS A. INTRODUCTION 1 B. CONTRACTUAL RIGHTS AND OBLIGATIONS 3 1. BASIC CONDITIONS OF EMPLOYMENT ACT, 75 of 1997 3 1.1 s77(3) CLAIMS 3 1.1.1 REQUIREMENT THAT THE ISSUE IN DISPUTE MUST BE LINKED TO AN EMPLOYMENT CONTRACT 3 1.1.1.1

i © SALLR 2018 CONTENTS A. INTRODUCTION 1 B. CONTRACTUAL RIGHTS AND OBLIGATIONS 2 1. BASIC CONDITIONS OF EMPLOYMENT ACT, 75 of 1997 2 1.1 s77(3) CLAIMS 2 1.1.1 UNLAWFUL DISMISSALS 2 1.1.1.1 Tshivhandekano v Minister of Mineral Resources and Others 2

1 CONSTITUTIONAL COURT OF SOUTH AFRICA Case CCT 194 17 In the matter between: ASSIGN SERVICES (PTY) LIMITED Applicant and NATIONAL UNION OF METALWORKERS OF SOUTH AFRICA First Respondent COMMISSION FOR CONCILIATION, MEDIATION AND ARBITRATION Second Re

CONSTITUTIONAL COURT OF SOUTH AFRICA Case CCT 236 16 In the matter between: FOOD AND ALLIED WORKERS’ UNION obo J GAOSHUBELWE Applicant and PIEMAN’S PANTRY (PTY) LIMITED Respondent Neutral citation: Food and Allied Workers’ Union obo Gaoshubelwe

CONSTITUTIONAL COURT OF SOUTH AFRICA Case CCT 279 16 In the matter between: THEO SEPTEMBER First Applicant DEAN SEPTEMBER Second Applicant ROLAND PAULSEN Third Applicant and CMI BUSINESS ENTERPRISE CC Respondent Neutral citation: September and Others

CONSTITUTIONAL COURT OF SOUTH AFRICA Case CCT 136 17 In the matter between: SIBONGILE ZUNGU Applicant and PREMIER OF THE PROVINCE OF KWAZULU-NATAL First Respondent MEMBER OF THE EXECUTIVE COUNCIL FOR THE DEPARTMENT OF HEALTH, KWAZULU-NATAL Second Res

1 REPUBLIC OF SOUTH AFRICA IN THE HIGH COURT OF SOUTH AFRICA GAUTENG DIVISION, PRETORIA CASE NO: 89564 14 3 5 2017 Reportable: No Of interest to other judges: No In the matter between: ASSOCIATION OF TEST PUBLISHERS OF Applicant SOUTH AFRICA and THE

1 IN THE HIGH COURT OF SOUTH AFRICA (GAUTENG DIVISION, PRETORIA) 25 1 17 Case No: 66326 2010 Reportable: No Of interest to other judges: No Revised. In the matter between: JABULANI JAMES MAHLANGU Plaintiff and THE MINISTER OF POLICE Defendant JUDGMEN

1 IN THE HIGH COURT OF SOUTH AFRICA KWAZULU-NATAL LOCAL DIVISION, DURBAN Case No: 6970 2017 In the matter between: LASER JUNCTION (PTY) LTD Applicant v KARL LEESON FICK Respondent Date of Hearing: 8 August 2017 Date of Judgment: 28 September 2017 ___

IN THE HIGH COURT OF SOUTH AFRICA KWAZULU-NATAL DIVISION, PIETERMARITZBURG CASE NO: 11458 15 In the matter between: SAMWU NATIONAL PROVIDENT FUND Applicant and UMZIMKHULU LOCAL MUNICIPALITY First Respondent T J NGOEMU Second Respondent Delivered on:

1 IN THE LABOUR APPEAL COURT OF SOUTH AFRICA, DURBAN Reportable Case no: DA 9 16 In the matter between: D GANGARAM Appellant and MEC FOR THE DEPARTMENT OF HEALTH, KWAZULU-NATAL First Respondent HEAD OF DEPARTMENT OF HEALTH, KWAZULU NATAL Second Respo

1 IN THE LABOUR APPEAL COURT OF SOUTH AFRICA, JOHANNESBURG Reportable Labour Appeal Court Case no: JA56 2015 Labour Court Case no: JR1676 2012 In the matter between: EKURHULENI METROPOLITAN MUNICIPALITY Appellant and SOUTH AFRICAN MUNICIPAL WORKERS U

1 IN THE LABOUR APPEAL COURT OF SOUTH AFRICA, JOHANNESBURG Reportable Case no: JA 74 15 In the matter between: ELLENISE SEPTOO Appellant and CITY OF JOHANNESBURG Respondent Summary: Absolution from instance – principle restated – employer substit

1 IN THE LABOUR APPEAL COURT OF SOUTH AFRICA, JOHANNESBURG Reportable Case no: JA29 2017 In the matter between: TIBMS (PTY) LTD T/A HALO UNDERGROUND LIGHTING SYSTEMS Appellant and KNIGHT, DENISE RENEE First Respondent BREEDT, BARBARA Second Responden

1 IN THE LABOUR APPEAL COURT OF SOUTH AFRICA, JOHANNESBURG Reportable Case no: JA63 2016 IMPERIAL CARGO SOLUTIONS Appellant and SATAWU First Respondent INDIVIDUAL RESPONDENTS LISTED IN ANNEXURE “A” TO THE NOTICE OF MOTION Second Respondent Road F

1 IN THE LABOUR APPEAL COURT OF SOUTH AFRICA, CAPE TOWN Reportable Case no: CA10 2016 In the matter between: MINISTER OF CORRECTIONAL SERVICES First Appellant NATIONAL COMMISSIONER, CORRECTIONAL SERVICES Second Appellant REGIONAL COMMISSIONER CORRECT

IN THE LABOUR APPEAL COURT OF SOUTH AFRICA, JOHANNESBURG Reportable Case no: JA 46 15 In the matter between: MINISTER OF JUSTICE AND CONSTITUTIONAL DEVELOPMENT Appellant and C J C MYBURGH AND OTHERS Respondents Summary: Labour Court making a settleme

1 IN THE LABOUR APPEAL COURT OF SOUTH AFRICA, JOHANNESBURG Reportable Case no: JA 43 16 In the matter between – NATIONAL TRANSPORT MOVEMENT (NTM) First Appellant M TAU and others Second Appellant and PASSENGER RAIL AGENCY OF SOUTH AFRICA LIMITED (P

1 IN THE LABOUR COURT OF SOUTH AFRICA JOHANNESBURG Reportable Case no: JA 104 2015 In the matter between: PHARMACO DISTRIBUTION (PTY) LTD Appellant and LIZE ELIZABETH WEIDEMAN Respondent Heard: 23 February 2017 Delivered: 04 July 2017 Summary: unfair

1 IN THE LABOUR APPEAL COURT OF SOUTH AFRICA, DURBAN JUDGMENT Reportable Case no: DA30 15 In the matter between: RUMBA SAMUELS Appellant and OLD MUTUAL BANK Respondent Heard: 25 August 2016 Delivered: 25 January 2017 Summary: Application to retrieve

1 IN THE LABOUR APPEAL COURT OF SOUTH AFRICA, JOHANNESBURG Reportable Case no: JA87 2015 In the matter between: SOUTH AFRICAN CORRECTIONAL SERVICES WORKERS UNION (SACOSWU) Appellant and POLICE AND PRISONS CIVIL RIGHTS UNION (POPCRU) First Respondent

1 IN THE LABOUR APPEAL COURT OF SOUTH AFRICA, CAPE TOWN Reportable Case no: CA6 2016 In the matter between: SOUTH AFRICAN BREWERIES (PTY) LTD Appellant and HEINDRICH HANSEN First Respondent COMMISSION FOR CONCILIATION, MEDIATION AND ARBITRATION Secon

1 IN THE LABOUR APPEAL COURT OF SOUTH AFRICA, CAPE TOWN Reportable Case no: CA 16 2016 LC case no C285 2014 In the matter between: SOUTH AFRICAN BREWERIES (PTY) LTD Appellant and LOUW, RUDOLPH STEPHANUS Respondent Held: 29 August 2017 Delivered: 24 O

1 IN THE LABOUR APPEAL COURT OF SOUTH AFRICA, JOHANNESBURG Reportable Case no: JA 45 16 In the matter between: SUN INTERNATIONAL LIMITED Appellant and SOUTH AFRICAN COMMERCIAL CATERING AND ALLIED WORKERS UNION Respondent Heard: 23 February 2017 Deliv

1 IN THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG Of interest to other Judges Case no: JS 706 14 In the matter between: TSHEGOFATSO MANYETSA Applicant and NEW KLEINFONTEIN GOLD MINE (PTY) LTD Respondent Heard: 23, 24, 25 & 27 October 2017 Delivered