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South Africa decisions
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Shah and Others v Minister of Rural Development and Land Reform and Others (LCC93/2014) [2024] ZALCC 41 (6 December 2024)
Land Claims Court awarded the Shah family R13,666,035 in restitution compensation, including solatium, and ordered attorney-and-client costs against the State.
Jewellery Council of South Africa v Maharaj and Others (JR2527/21) [2024] ZALCJHB 236 (30 May 2024)
Labour Court upheld a CCMA finding of substantively unfair dismissal, but corrected compensation to be calculated at the employee’s reduced salary at dismissal.
Blackspear Holding (PTY) Ltd v Bryte Insurance Company Limited and Another (26150/2020) [2022] ZAGPJHC 585 (22 August 2022)
The High Court interpreted an insurance clause on total loss of underground mining equipment and held that notional removal costs were not deductible.
Makate v Joosub N.O and Another (57882/2019) [2022] ZAGPPHC 55; [2022] 2 All SA 226 (GP) (7 February 2022)
The High Court reviewed and set aside Vodacom CEO Shameel Joosub’s compensation determination for Kenneth Makate’s Please Call Me idea and remitted it for fresh determination.
City of Tshwane Metropolitan Municipality v South African Local Government Bargaining Council and Others (JR1706/17) [2021] ZALCJHB 390 (19 October 2021)
Review of an unfair labour practice award partly succeeded: the Labour Court set aside the compensation award and remitted the matter for recalculation.
Maroveke v Talane N.O. and Others (CCT 187/20) [2021] ZACC 20; (2021) 42 ILJ 1871 (CC); [2021] 9 BLLR 851 (CC); 2021 (10) BCLR 1120 (CC) (6 July 2021)
The Constitutional Court upheld a partial appeal on back pay after unfair dismissal, correcting the Labour Court’s use of wrong salary figures and earnings data.
Jacobs and Others v Department of Land Affairs and Others (LCC3/98) [2016] ZALCC 14; 2016 (5) SA 382 (LCC) (13 June 2016)
The court found that the claimants, as direct descendants of Abraham and Elizabeth September, were dispossessed of rights in the farm Uap after 19 June 1913. Although the registration of title occurred in 1907, the September family continued to occupy and assert rights in the land until their forced eviction in 1921. The dispossession was facilitated by fraudulent conduct, exploitation of illiteracy, and official indifference, all underpinned by prevailing racial discrimination. The court held that the dispossession fell within the ambit of section 2(1)(c) of the Restitution Act and section 2…
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Sutherland Transport v National Bargaining Council for the Road Freight and Logistics Industry and Others (P102/12) [2014] ZALCPE 21 (5 August 2014)
The Labour Court upheld a review dismissal in an incapacity case, holding the arbitrator reasonably found the employer failed to properly investigate the employee’s ill-health.
Solidarity obo Bouwer v Arivia (Pty) Ltd T/a Arivia.Kom and Others (JR 2649/09) [2010] ZALC 62; [2010] 9 BLLR 981 (LC) ; (2010) 31 ILJ 2730 (LC) (23 April 2010)
The Labour Court held that unfair-dismissal compensation must be calculated on gross remuneration, not net pay, and reviewed the award accordingly.
Air-O-Thene Products Pty) Ltd v Ford and Another (JR1414/07) [2010] ZALCJHB 8 (3 February 2010)
The Labour Court dismissed a review of an arbitration award that found an employee’s dismissal unfair, but corrected the compensation calculation.
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