Professional Update
A
monthly newsletter for KZN Attorneys from the Kwazulu-Natal Law Society

12 June 2009

This professional service draws attention to current and important items of news
 and members are directed to the hosts' websites

InfoUpdate 12 of 2009
Recent Judgments

Electronic copies of this information may be obtained from our librarians at help@lawlibrary.co.za or click on the underlined hyperlink where relevant

Labour Courts - http://www.saflii.org/za/cases/ZALC/ 

SABC goes to court to stop strike - 19 June
The SABC will go to the Labour Court this afternoon in a bid to stop a strike over pay and the crisis at the broadcaster, a union negotiator said. "The SABC has applied for an interdict against us which claims we should not be allowed to go on strike," said Communication Workers Union (CWU) negotiator Vulture Ntukuli. The application is against the CWU and the Media Workers Association of SA (Mwasa), which received a certificate from the Commission for Conciliation Mediation and Arbitration (CCMA) on Thursday giving them the right to embark on a protected strike. - The Times website

De Beers' retrenchments at SA mines 'illegal' - 10 June
Diamond giant De Beers has "illegally" retrenched more than a thousand workers at its South African mines, the National Union of Mineworkers (NUM) said on Wednesday. The union said that the retrenchments were "premature". The Labour Court declared the termination of employees' contracts of no force and effect, and ordered De Beers to pay the cost. De Beers responded that it would consider the reasons for the order from acting Justice Bhoola, and then decide on the way forward. It would either take the matter up on appeal, or it would issue new notices of termination effecting the retrenchments. - Creamer Media's Mining Weekly website

De Beers awaits reasoning of court ruling on S Africa job cuts - 11 June
De Beers SA, the world's largest diamond producer, Thursday said it will await the full reasoning of a court judgment against termination of workers in South Africa before it considers its next step. The National Union of Mineworkers a day earlier said the country's Labour Court this week ordered the company to backtrack on the dismissal of 1,467 employees, ruling it broke the law by rushing through dismissals before an agreed date and not following a process for severance agreed with NUM. - Easy Bourse website

Braamfontein

5 May 2009
JR327/07 [2009] ZALC 50
Barloworld Coachworks Wynberg v Motor Industries Bargaining Council and Others

Durban

17 June 2009
D581/2005 [2009] ZALC 62
Goddard v Metcash Trading Africa (Pty) Ltd

9 June 2009
D412/07 [2009] ZALC 60
Strautmann v Silver Meadows Trading 99 CC (Pty) Ltd trading as Mugg and Bean Suncoast and Others

20 May 2009
D102/09 [2009] ZALC 58
National Union of Metal Workers of South Africa (NUMSA) v AUNDE South Africa (Pty) Ltd

18 May 2009
D3/07 [2009] ZALC 55
South African Transport and Allied Workers Union obo Mlotywa v Spoornet (Customer Care and Production Kwazulu-Natal Region) and Others

18 May 2009
D140/07 [2009] ZALC 54
Ngidi v Relyant Trading (Pty) Ltd t/a Bears Stranger and Others

Johannesburg

17 June 2009
J2499/08 [2009] ZALC 63
David Crouch Marketing CC v Mark

17 June 2009
P210/09 [2009] ZALC 61
National Union of Metal Workers of South Africa (NUMSA) v General Motors of South Africa (Pty) Ltd

Union takes GM S Africa to court over job losses - 11 June
South Africa's National Union of Metal Workers (NUMSA) is taking the local arm of General Motors (GMSA) to court over job losses it says are linked to the parent company's financial woes, the union said on Thursday. NUMSA also threatened to strike at GMSA when the economy recovers, and warned other car companies over job cuts. The automotive industry approached the South African government for short-term loans in February, to help limit job losses. - Reuters website

GMSA maps the road ahead as its US parent files for bankruptcy protection - 12 June
Guided by the US government, GM now aims to emerge from the Chapter 11 filing as a leaner, more profitable company – holding on to only its most profitable brands, such as Chevrolet and Cadillac. Officials hope this will happen within the next 60 to 90 days. Any new-look GM will differ in many ways from the capitalist icon it once was. Having received around $20-billion in government loans since December, GM will be 70% owned by the US government. However, what other changes can the market expect – more specifically, what happens to GM South Africa (GMSA) and its thousands of customers? - Creamer Media's Engineering News website

19 May 2009
J167/09 [2009] ZALC 57
Jiba v Minister of Justice and Constitutional Development and Others

19 May 2009
JS799/04 [2009] ZALC 56
Jabari v Telkom SA (Pty) Ltd

13 May 2009
JR1511/05 [2009] ZALC 53
Department of Transport, North-West Province v Sebotha NO and Others

13 May 2009
JS1255/02 [2009] ZALC 52
Maimela v University of South Africa

11 May 2009
J1270/08 [2009] ZALC 51
Corruseal Corrugated (Gauteng) (Pty) Ltd v Van Niekerk and Another

29 April 2009
JS117/08 [2009] ZALC 49
Moyo v Knight Watch Security

28 April 2009
J738/09 [2009] ZALC 48
Metro Bus (Pty) Ltd v South African Municipal Workers Union on behalf of Members

Court declares Sadtu strike illegal - 10 June
The Johannesburg Labour Court on Tuesday declared a protest by teachers' union Sadtu in Soweto schools illegal, the Gauteng education department said. The department obtained an interdict against the union following disruptions at schools in Florida, Soweto, Lenasia, Eldorado Park and Ennerdale, and its district offices, said spokesperson Nanagolo Leopeng. The court's order prevented South African Democratic Teachers' Union members from embarking on protests and work stoppages on school premises and at district offices, and from harassing and intimidating principals, pupils, district officials and staff members. The union said the court order would not resolve issues. - Mail & Guardian website

Bullard's fight for his job continues - 22 June
The case of former Sunday Times columnist David Bullard was referred to a statutory council by the Labour Court in Johannesburg on Monday. Bullard and Avusa would have to pay their own legal fees as Judge Ellem Jacob Francis made no costs order. - The Times website

'Poster boy' Bullard blow - 23 June
Columnist David Bullard's case of wrongful dismissal against publishing company Avusa will not be heard in the Labour Court, because he apologised for writing the provocative Sunday Times column that got him sacked. The apology was published in the Business Times a week after the column appeared. In it, he said he regretted any offence caused to readers and the newspaper's editor, Mondli Makhanya. Avusa's attorney, Phuke Maserumule, yesterday argued that Bullard's apology showed he had not believed his dismissal was an infringement on his freedom of speech, and that the case therefore did not belong in the Labour Court. Instead, Judge Elim Francis transferred the case to the Statutory Council of the Printing, Newspapers and Packaging Industry. It is not yet known when the case will be heard by the council. - IOL website

Court to hear SABC's bid - 25 June
The SABC's attempt to prevent a pay strike during the Confederations Cup will be heard on Thursday afternoon at the Labour Court in Johannesburg. - IOL website

InfoUpdate : an Information Service supplied by the KwaZulu-Natal Law Society