NIBO (Edms) Bpk v Cupido (C 954/12) [2013] ZALCCT 54 (11 February 2013)
Court
Labour Court Cape Town
Case number
C 954/12
Judge
Anton Steenkamp
The Labour Court held that Cupido’s removal as director and dismissal as employee were invalid for non-compliance with the Companies Act and reinstated him.
South African Post Office Ltd v Mampuele (JA29/09) [2010] ZALAC 15; (2010) 31 ILJ 2051 (LAC) ; [2010] 10 BLLR 1052 (LAC) (4 June 2010)
Court
Labour Appeal Court
Case number
JA29/09
Judges
Patel, Tlaletsi, Hendricks
The Labour Appeal Court held that the automatic termination clause in the employment contract, which provides for termination upon cessation of office as executive director, constitutes an impermissible limitation of statutory labour rights. The court found that the removal of Mampeule as director by the shareholder was the proximate cause of the termination of his employment, and that the automatic termination provision could not be used to circumvent the protections afforded by the Labour Relations Act. The court affirmed that lawfulness under company law does not override the requirement o…