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South Africa decisions
Decisions matching the current search
Joseph v Altron Managed Solutions Limited (JS 682/22) [2025] ZALCJHB 10 (22 January 2025)
The Labour Court dismissed a dismissal dispute after finding the parties had reached a binding settlement by email before trial, with no costs order.
Somi v Transnet Bargaining Council and Others (PR171/23) [2024] ZALCPE 40 (2 October 2024)
Labour Court review of a pre-dismissal arbitration award. Dismissal was set aside and replaced with a final written warning, with limited reinstatement relief.
Kruse v S (A100/2018) [2018] ZAWCHC 105; [2019] 4 All SA 287 (WCC) (27 August 2018)
Appeal upheld after the court found a deaf, mute accused was denied a fair trial through inadequate interpretation, refusal of evidence, and judicial bias.
Jansen v Legal Aid South Africa (JA121/2014) [2018] ZALCCT 17; (2018) 39 ILJ 2024 (LC) (16 May 2018)
The court found that the applicant suffered from a recurring mental illness, namely depression, which was known to the respondent and directly influenced the conduct for which he was dismissed. The respondent failed to reasonably accommodate the applicant and did not institute an incapacity enquiry, instead proceeding with disciplinary action for misconduct. The evidence established that the dominant reason for dismissal was the applicant's mental condition, amounting to automatically unfair dismissal under section 187(1)(f) of the LRA and unfair discrimination under section 6 of the EEA. The…
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Smith v Kit kat Group (Pty) Ltd (JS787/14) [2016] ZALCJHB 362; [2016] 12 BLLR 1239 (LC); (2017) 38 ILJ 483 (LC) (23 September 2016)
The court found that the applicant suffered a permanent physical disability as defined by the Employment Equity Act, resulting from his attempted suicide. The respondent's refusal to allow the applicant to return to work, based on cosmetic appearance and speech impediment, constituted direct discrimination on the basis of disability. The respondent failed to conduct any proper incapacity investigation or to reasonably accommodate the applicant, as required by law. The respondent's conduct amounted to a repudiation and effective termination of the employment contract, without due process. The…
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S v Mbezi (WS04/2004) [2010] ZAWCHC 59 (26 March 2010)
The High Court set aside regional court proceedings after finding the accused could not hear or understand the trial, making it unfair.
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