South Africa Case Law

Harrison v South African Local Government Bargaining Council (Western Cape) and Others (C876/2018)

Harrison v South African Local Government Bargaining Council (Western Cape) and Others (C876/2018) [2021] ZALCCT 25 (18 January 2021)

Court

Labour Court Cape Town

Case number

C876/2018

Judge

H Rabkin-Naicker

The court found that the arbitrator's award was reasonable and supported by the evidence. The applicant failed to provide material evidence that he performed work during the period in question and admitted to being in the vicinity of his home rather than his assigned post. The arbitrator's finding that the applicant deserted his post and fraudulently claimed overtime was justified. The applicant's arguments regarding the arbitrator's reasoning and alleged failure to consider evidence were rejected, as the record showed no material evidence was ignored and the arbitrator did not misconceive th…

Source excerpt

• Unfair Dismissal
• Review Of Arbitration Award
• Fraudulent Overtime Claim
• Desertion Of Post

Maidi v M.E.C. For Department of Education (J5675/00)

Maidi v M.E.C. For Department of Education (J5675/00) [2002] ZALC 53; (2003) 24 ILJ 1552 (LC) (10 June 2002)

Court

Labour Court

Case number

J5675/00

Judge

Pillay

The Labour Court held that the applicant failed to prove authorised study leave and that his absence triggered termination by operation of law under the Lebowa Education Act.

• Desertion Of Post
• Statutory Deeming Provision
• Termination By Operation Of Law
• Leave Of Absence
• Onus Of Proof
• Desertion-of-post