South Africa Case Law

Gwadana v South African Local Government Bargaining Council and Others (P561/11)

Gwadana v South African Local Government Bargaining Council and Others (P561/11) [2014] ZALCPE 10 (6 June 2014)

Court

Labour Court Port Elizabeth

Case number

P561/11

Judge

Lallie

The court found that the arbitrator correctly identified the main dispute as the fairness of the applicant's dismissal for incapacity due to incarceration. The arbitrator considered the totality of the evidence, including the applicant's key position, the timing of his incarceration, and the opportunity afforded to the applicant to provide reasons against dismissal. The court held that the arbitrator's reliance on the Samancor decision was appropriate and that the provisions of items 10 and 11 of schedule 8 to the LRA, which deal with incapacity due to ill-health or injury, were not applicabl…

Source excerpt

• Dismissal For Incapacity
• Review Of Arbitration Award
• Procedural Fairness
• Substantive Fairness
• Incarceration And Employment
• Application Of Lra

South African Police Service v Police and Prisons Civil Rights Union and Another (J1444/2007)

South African Police Service v Police and Prisons Civil Rights Union and Another (J1444/2007) [2007] ZALCJHB 70 (30 October 2007)

Court

Labour Court Johannesburg

Case number

J1444/2007

Judge

Ngalwana AJ

Leave to appeal was granted on whether all SAPS employees are barred from striking as essential service workers, with no costs order in the applicant’s favor.

• Essential Service Definition
• Strike Action Prohibition
• Interpretation Of Saps Act
• Application Of Lra
• Ministerial Designation
• Costs Award