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South Africa Case Law

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Civil Procedure [2024] ZAKZPHC 57

Hillhouse v Pidelta (Pty) Ltd and Another (1237/2024P)

Hillhouse v Pidelta (Pty) Ltd and Another (1237/2024P) [2024] ZAKZPHC 57 (29 July 2024)

Urgent application to compel pension benefit payment dismissed. The court held the applicant had not shown a clear right, and the fund lawfully withheld payment under section 37D.

  • Pension Funds Act Section 37d
  • Withholding Of Pension Benefits
  • Final Interdict Requirements
  • Disciplinary Dismissal
  • Fiduciary Duty Breach
  • Alternative Remedy Pension Fund Adjudicator
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Labour Law [2024] ZALCD 10

8473 Investment Holdings CC v Transport, Retail and General Workers Union and Others (D694/23)

8473 Investment Holdings CC v Transport, Retail and General Workers Union and Others (D694/23) [2024] ZALCD 10 (29 February 2024)

On the return date of a rule nisi, the Labour Court found the application moot after striking employees were dismissed and declined to award costs.

  • Interim Interdict
  • Picketing Rules
  • Costs Award
  • Urgency
  • Disciplinary Dismissal
  • Labour-court
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Labour Law [2024] ZALCD 3

Hospersa obo Blandile v Department of Health-Western Cape and Others (D816/2015)

Hospersa obo Blandile v Department of Health-Western Cape and Others (D816/2015) [2024] ZALCD 3 (18 January 2024)

The Labour Court dismissed HOSPERSA’s bid to reinstate a lapsed review, finding the lengthy delays unexplained and not in the interests of justice.

  • Condonation
  • Reinstatement Of Review Application
  • Practice Manual Compliance
  • Imputation Of Attorney Negligence
  • Prospects Of Success
  • Disciplinary Dismissal
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Labour Law [2019] ZALCJHB 248

POPCRU and Another v Muthukwane NO and Others (JR1771/16)

POPCRU and Another v Muthukwane NO and Others (JR1771/16) [2019] ZALCJHB 248 (13 September 2019)

The Labour Court granted condonation for a late review application but dismissed the review because the applicants failed to set out valid grounds to upset the arbitration award.

  • Condonation Of Late Filing
  • Review Of Arbitration Award
  • Procedural Fairness
  • Substantive Fairness
  • Disciplinary Dismissal
  • Condonation-of-late-filing
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Civil Procedure [2018] ZAGPPHC 291

Peach v Kudjoe and Another (2016/30120)

Peach v Kudjoe and Another (2016/30120) [2018] ZAGPPHC 291 (10 January 2018)

The court held that a rescission application does not automatically suspend execution, dismissed the salary reinstatement claim, and stayed execution pending rescission.

  • Stay Of Execution
  • Rescission Of Judgment
  • Disciplinary Dismissal
  • Rule 45a
  • Section 18 Superior Courts Act
  • Rescission-of-judgment
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Labour Law [2016] ZALCJHB 510

Kubheka v Commission for Conciliation, Mediation and Arbitration and Others (JR472/16)

Kubheka v Commission for Conciliation, Mediation and Arbitration and Others (JR472/16) [2016] ZALCJHB 510 (15 December 2016)

The Labour Court refused condonation for a late review application, finding a 175-day delay in filing was not reasonably explained and that prospects of success were minimal.

  • Condonation
  • Late Filing Of Review
  • Prospects Of Success
  • Practice Manual
  • Unreasonable Decision
  • Disciplinary Dismissal
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Labour Law [2015] ZALCJHB 398

Mkhize v Antrobus SC and Another (JR1342/12)

Mkhize v Antrobus SC and Another (JR1342/12) [2015] ZALCJHB 398 (13 November 2015)

Labour Court review of a private arbitration award dismissed. The court held the applicant showed no reviewable misconduct, gross irregularity, or excess of powers.

  • Arbitration Act Section 33
  • Review Of Private Arbitration
  • Procedural Fairness
  • Gross Irregularity
  • Misconduct By Arbitrator
  • Disciplinary Dismissal
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Labour Law [2008] ZALAC 20

MEC for Education Department: Limpopo v Sebetha (JA39/2006)

MEC for Education Department: Limpopo v Sebetha (JA39/2006) [2008] ZALAC 20 (28 February 2008)

The Labour Appeal Court dismissed a late appeal for condonation, despite finding the educator’s dismissal for assaulting a six-year-old pupil was justified.

  • Condonation For Late Filing
  • Disciplinary Dismissal
  • Corporal Punishment
  • Employment Of Educators Act
  • Condonation-for-late-filing
  • Disciplinary-dismissal
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Labour Law [2004] ZALC 13

Ndhlela v Transnet Limited (J 1534/98)

Ndhlela v Transnet Limited (J 1534/98) [2004] ZALC 13; [2004] 10 BLLR 1022 (LC); (2004) 25 ILJ 565 (LC) (13 February 2004)

The Labour Court rescinded a default judgment against Transnet, finding its nonappearance was not wilful and that it had a bona fide defence.

  • Rescission Of Default Judgment
  • Wilful Default
  • Bona Fide Defence
  • Costs Order
  • Disciplinary Dismissal
  • Rescission-of-default-judgment
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Labour Law [2000] ZALC 96

County Fair Foods (Pty) Limited v Theron NO and Others (C131/2000)

County Fair Foods (Pty) Limited v Theron NO and Others (C131/2000) [2000] ZALC 96; [2001] 2 BLLR 134 (LC) (15 September 2000)

The Labour Court reviewed and set aside a CCMA award after finding the commissioner’s questioning of witnesses created a reasonable apprehension of bias.

  • Arbitration Review
  • Reasonable Apprehension Of Bias
  • Gross Irregularity
  • Natural Justice
  • Disciplinary Dismissal
  • Labour-law
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