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South Africa decisions
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Merafong City Local Municipality v SAMWU obo Speek and Others (JR599/21) [2025] ZALCJHB 291 (24 June 2025)
The Labour Court set aside an arbitration award, holding that a municipal cashier’s dismissal for taking and withholding R1,220 was substantively fair.
Delta Property Fund Limited v Nomvete and Others (21/58226) [2025] ZAGPJHC 64 (21 January 2025)
High Court held three former Delta directors delinquent for serious misconduct, rejected a pactum de non petendo defence, and ordered damages and costs.
Mabhaso v Astron Energy (Pty) Ltd and Others (C594/2023) [2024] ZALCCT 41 (20 September 2024)
Condonation for a late labour review was refused after a three-year delay. The court found the applicant lacked a proper explanation and had no prospects of success.
South African Medical Association NPC v Sihlangu and Another (1141/2021) [2022] ZAGPPHC 968 (6 December 2022)
The applicant failed to prove that the respondents, while serving as directors, grossly abused their position, took personal advantage of information, or acted with gross negligence, wilful misconduct, or breach of trust. The evidence showed that the respondents disclosed their interests in HPG as required, and the applicant's own procedures mandated that the board determine and resolve any conflict. There was no substantiation that the respondents caused harm or loss to the applicant or appropriated business opportunities. The application for delinquency was not supported by facts, and the r…
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Dalmar Konstruksie (Pty) Ltd and Another v Mikaia Boerdery (Pty) Ltd and Another (14801/2020) [2022] ZAGPPHC 806 (7 October 2022)
High Court winding-up case over a failed Mozambique cattle venture, finding no partnership and ordering the respondent company finally wound up.
Stellenbosch Municipality v South African Local Government Bargaining Council and Others (C188/2020) [2022] ZALCCT 25; (2022) 43 ILJ 2100 (LC); [2022] 11 BLLR 1056 (LC) (13 June 2022)
The Court found that although the Municipality's explanation for the delay in filing the review was unsatisfactory, the prospects of success in the review were strong and the case was important for upholding public trust in municipal employment. The Commissioner erred in law by failing to consider the substantive fairness of the dismissal and the appropriateness of reinstatement under section 193(2) of the LRA. The falsification of a matric certificate constituted a serious breach of trust, making reinstatement inappropriate. However, the procedural unfairness arising from the Municipality's…
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Moyo v Old Mutual Ltd and Others (22791/2019) [2022] ZAGPJHC 336; [2022] 3 All SA 795 (GJ) (16 May 2022)
The High Court dismissed contempt and delinquency claims against Old Mutual and its directors, finding no contempt, no delinquency, and lawful termination.
Woolworths (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (PA12/2020) [2021] ZALAC 49; [2022] 3 BLLR 296 (LAC); (2022) 43 ILJ 839 (LAC) (10 December 2021)
The Labour Appeal Court held that an employee who falsely claimed sick leave to attend a rugby match was fairly dismissed for dishonest conduct.
MTN (Pty) Ltd v Molopa (36678/2013) [2021] ZAGPJHC 670 (30 July 2021)
The High Court held that an MTN supervisor fraudulently processed unauthorised RMS write-offs and misused company systems, awarding MTN damages, interest, and costs.
Svoboda v Sparrow and Others (7283/2018) [2020] ZALMPPHC 11 (23 January 2020)
The court declared a company director delinquent for diverting client payments into his personal account and concealing it from the other director.
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