South Africa Case Law

Imperial Group (Pty) Ltd t/a Europcar v South African Transport & Allied Workers Union obo Maphumulo and Others (D758/16)

Imperial Group (Pty) Ltd t/a Europcar v South African Transport & Allied Workers Union obo Maphumulo and Others (D758/16) [2018] ZALCD 21 (8 November 2018)

Court

Labour Court Durban

Case number

D758/16

Judge

P Nkutha-Nkontwana

The court found that the commissioner committed a reviewable irregularity by misconceiving the nature of the enquiry and failing to consider material evidence. The rule requiring authorisation for use of non-revenue vehicles was consistently applied and crucial to the employer's business. Ms Maphumulo breached this rule, and her defence of an alleged contrary practice was unsupported by evidence. The seriousness of the misconduct, which undermined the trust relationship, outweighed any mitigating circumstances, including remorse. The dismissal was therefore both procedurally and substantively…

Source excerpt

• Unfair Dismissal
• Trust Relationship
• Remorse
• Consistency Of Disciplinary Action

G4 Security Services SA (Pty) Ltd v Edwards NO and Others (C 942/2008)

G4 Security Services SA (Pty) Ltd v Edwards NO and Others (C 942/2008) [2011] ZALCCT 48 (24 March 2011)

Court

Labour Court Cape Town

Case number

C 942/2008

Judge

Steenkamp

The Labour Court reviewed an arbitration award that relied on evidence not in the record and granted reinstatement despite a request only for compensation.

• Unfair Dismissal
• Review Of Arbitration Award
• Consistency Of Disciplinary Action
• Remittal To Ccma
• Unfair-dismissal
• Review-of-arbitration-award

Chetty v Toyota South Africa (Pty) Ltd and Others (D224/06)

Chetty v Toyota South Africa (Pty) Ltd and Others (D224/06) [2011] ZALCD 3; [2011] 8 BLLR 735 (LC) (18 February 2011)

Court

Labour Court Durban

Case number

D224/06

Judge

Shai

The Labour Court reviewed and set aside a CCMA award after finding the commissioner failed to consider consistency in discipline, though the e-mail was held racially offensive.

• Unfair Dismissal
• Consistency Of Disciplinary Action
• Gross Irregularity
• Racial Discrimination
• Arbitration Review
• Labour-law