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South Africa Case Law

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Labour Law [2022] ZALCJHB 319

Maroleng v South African Broadcasting Corporation SOC Limited (J 1520/2019)

Maroleng v South African Broadcasting Corporation SOC Limited (J 1520/2019) [2022] ZALCJHB 319 (18 November 2022)

Court
Labour Court Johannesburg
Case number
J 1520/2019
Judge
Van Niekerk

Although the applicant's contract incorporated the disciplinary code and thus a contractual right to an appeal hearing, the remedy of specific performance is discretionary. The court found that the significant delay between dismissal and the application, the impossibility of convening an appeal before a higher authority (since the board was the highest decision-maker), and the applicant's conduct in referring the matter to the CCMA and subsequently withdrawing it, all weighed against granting specific performance. The applicant's subsequent litigation conduct, including late amendments and ir…

Source excerpt

  • Contractual Rights In Employment
  • Specific Performance
  • Disciplinary Code Incorporation
  • Procedural Fairness
  • Costs Award
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Labour Law [2015] ZALCJHB 313

Mhlongo v South African Revenue Service (J1915/09)

Mhlongo v South African Revenue Service (J1915/09) [2015] ZALCJHB 313 (11 September 2015)

Court
Labour Court Johannesburg
Case number
J1915/09
Judge
L M Malan

The court found that the respondent's disciplinary code and procedures, as contained in a collective agreement, were not incorporated into the applicant's contract of employment, either expressly or tacitly. The applicant failed to plead or prove any contractual basis for her alleged right to a hearing prior to suspension or dismissal. The real dispute related to the fairness of her suspension and dismissal, which is a statutory right under the Labour Relations Act and not a contractual right. As such, the Labour Court lacked jurisdiction to adjudicate the matter as pleaded, and the proper re…

Source excerpt

  • Contractual Rights In Employment
  • Disciplinary Code Incorporation
  • Jurisdiction Of Labour Court
  • Unfair Dismissal
  • Collective Agreements
  • Postponement Principles
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About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.