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South Africa Case Law

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Labour Law [2013] ZALCCT 54

NIBO (Edms) Bpk v Cupido (C 954/12)

NIBO (Edms) Bpk v Cupido (C 954/12) [2013] ZALCCT 54 (11 February 2013)

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.

  • Unlawful Dismissal
  • Procedural Fairness
  • Company Director Removal
  • Audi Alteram Partem
  • Declaratory Relief
  • Company-director-removal
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Civil Procedure [2012] ZAGPPHC 151

Talisman Compressed Air (Pty) Ltd and Others v Dykman and Others (43147/12)

Talisman Compressed Air (Pty) Ltd and Others v Dykman and Others (43147/12) [2012] ZAGPPHC 151 (7 August 2012)

High Court restored possession of business premises after a self-help exclusion, but refused interim interdicts over company funds and management.

  • Mandament Van Spolie
  • Shareholder Disputes
  • Company Director Removal
  • Interim Interdict
  • Locus Standi
  • Mandament-van-spolie
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Labour Law [2010] ZALAC 15

South African Post Office Ltd v Mampuele (JA29/09)

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)

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…

  • Automatic Termination
  • Unfair Dismissal
  • Protected Disclosure
  • Statutory Rights Limitation
  • Company Director Removal
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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.