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South Africa Case Law

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Labour Law [2017] ZALCJHB 269

Maponya v Ledwaba and Others (JR2449/16)

Maponya v Ledwaba and Others (JR2449/16) [2017] ZALCJHB 269 (25 July 2017)

Court
Labour Court Johannesburg
Case number
JR2449/16
Judge
S Mabaso

The court found that the applicant failed to provide the full arbitration record, which is essential for determining whether the Commissioner committed a reviewable irregularity or arrived at an unreasonable outcome. The available evidence indicated that the applicant voluntarily accepted the new position after his original post was made redundant, and that both positions were at the same managerial level. The applicant was not the preferred candidate for the Deputy CFO position based on interview scores, and the process was found to be fair. The Commissioner applied his mind to the facts and…

Source excerpt

  • Unfair Labour Practice
  • Demotion
  • Arbitration Review
  • Compensation
  • Appointment And Promotion
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Labour Law [2010] ZALCD 1

Health & Other Services Personnel Trade Union of SA (HOSPERSA) and Another v Member of the Executive Council for Health, KwaZulu-Natal and Another (D102/08)

Health & Other Services Personnel Trade Union of SA (HOSPERSA) and Another v Member of the Executive Council for Health, KwaZulu-Natal and Another (D102/08) [2010] ZALCD 1 (5 February 2010)

Court
Labour Court Durban
Case number
D102/08
Judge
Conradie AJ

The court found that, on the papers, the Second Applicant's post was in fact upgraded rather than newly created. The Respondents failed to provide sufficient evidence to demonstrate that the new post was substantively different or created independently of the existing post. The court held that the discretion under Chapter 1, Part V, C.6 of the Public Service Regulations applies, and the executing authority must decide whether to advertise the post or retain the incumbent. The court rejected the argument that SMS posts are automatically excluded from this discretion, noting that such an interp…

Source excerpt

  • Public Service Regulations
  • Appointment And Promotion
  • Interdict
  • Discretion Of Executing Authority
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.