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South Africa Case Law

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Labour Law [2019] ZALCJHB 347

NTM obo Molema and Others v Botselo Holdings (Pty) Ltd (J1006/2016)

NTM obo Molema and Others v Botselo Holdings (Pty) Ltd (J1006/2016) [2019] ZALCJHB 347; (2020) 41 ILJ 701 (LC) (29 November 2019)

Labour Court held strike-related dismissals were substantively fair but procedurally unfair, and refused compensation after an unprotected strike.

  • Unprotected Strike
  • Procedural Fairness
  • Substantive Fairness
  • Compensation For Unfair Dismissal
  • Audi Alteram Partem
  • Disciplinary Hearing Requirements
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Labour Law [2016] ZALCCT 24

NUM and Others v Power Construction (Pty) Ltd (C85/2014)

NUM and Others v Power Construction (Pty) Ltd (C85/2014) [2016] ZALCCT 24; (2017) 38 ILJ 227 (LC) (27 July 2016)

The Labour Court held that dismissals for a three-day unprotected strike were substantively and procedurally fair, despite the absence of a formal hearing.

  • Unprotected Strike
  • Dismissal For Strike Action
  • Procedural Fairness
  • Sectoral Determination
  • Disciplinary Hearing Requirements
  • Unprotected-strike
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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.