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South Africa decisions
Decisions matching the current search
TWK Insurance (Pty) Ltd v Augustyn (9470/2023P) [2024] ZAKZPHC 65 (15 August 2024)
The High Court dismissed an application for leave to appeal, holding that the applicant was an independent contractor and that the appeal had no reasonable prospect of success.
Smith and Associates v Libertinova-Lines and Others (C405/2019) [2021] ZALCCT 34 (15 March 2021)
The Court found that the Commissioner correctly applied the test for constructive dismissal. The evidence established that the applicant's conduct, including failure to pay commission, undermining the first respondent's authority, and favouring the secretary, created intolerable working conditions. The first respondent's resignation was not voluntary but a last resort due to the cumulative impact of the applicant's actions. The Court rejected the applicant's argument that the intolerable situation was solely between the first respondent and Shawe, finding that Smith's conduct was culpable and…
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Oracle Corporation South Africa (Pty) Ltd v Malgas and Others (JR 1356/18) [2020] ZALCJHB 136 (17 August 2020)
The Court found that the Commissioner’s award was not supported by the evidence and fell outside the bounds of reasonableness. There was no evidence that Malagas played a role in the ultimate Multichoice deal concluded between Oracle Netherlands and Myriad, nor that his efforts influenced the transaction. The applicant could not compel Oracle Netherlands to enter into a teaming agreement, and the CCMA had no power to enforce such agreements between separate entities. The applicant did not act unfairly or arbitrarily in exercising its discretion regarding commission payments, as neither it nor…
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Noriega v Sony South Africa (Pty) Ltd (JS45/13) [2017] ZALCJHB 151 (8 May 2017)
Labour Court judgment dismissing a rescission application after finding no good cause and no properly pleaded defence to a prescription point.
February v Envirochem CC (C 433/2012) [2012] ZALCCT 20; (2013) 34 ILJ 135 (LC) (11 June 2012)
Urgent application for specific performance over commission reduction dismissed for lack of urgency, lis alibi pendens, and failure to meet final interdict requirements.
Eleanor Mary Duncan t/a Inyati Financial Services v Bensure Financial Consultants (Pty) Ltd (A 5060/10) [2012] ZAGPJHC 40 (24 February 2012)
High Court appeal about a disputed R250,000 commission payment. The court held the appellant was contractually entitled to the money and dismissed the enrichment claim.
Carlos v IBM South Africa (Pty) Ltd and Another (A36/2004) [2006] ZALAC 11 (22 March 2006)
The Labour Appeal Court dismissed an appeal in a constructive dismissal dispute, holding that the employee resigned before an agreed process was complete.
IBM South Africa (Pty) Ltd v Commission For Conciliation Mediation And Arbitration and Others (JR 1963/01) [2004] ZALC 32 (26 March 2004)
Labour Court review of a CCMA award: the court set aside a finding of constructive dismissal where the employee resigned before supplying agreed commission information.
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