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South Africa Case Law

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Labour Law [2024] ZALCCT 71

O'Hara v Parliament of South Africa and Another (C 2024-125867)

O'Hara v Parliament of South Africa and Another (C 2024-125867) [2024] ZALCCT 71 (2 December 2024)

The Labour Court dismissed an urgent review of a disciplinary chairperson’s refusal to recuse himself, finding no grave injustice or exceptional grounds for intervention.

  • Recusal Of Presiding Officer
  • Institutional Bias
  • Disciplinary Hearing Review
  • Labour Relations Act Section 158
  • Exceptional Intervention
  • Protected Disclosure
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Labour Law [2016] ZALCJHB 194

Minister of Police and Another v Kgopa and Another (JR76/13)

Minister of Police and Another v Kgopa and Another (JR76/13) [2016] ZALCJHB 194 (19 May 2016)

The Labour Court dismissed a State review of a disciplinary chairperson’s grant of absolution from the instance, holding section 158(1)(g) and (h) did not permit it.

  • Disciplinary Hearing Review
  • Absolution From Instance
  • Section 158 Lra
  • Procedural Fairness
  • Labour-law
  • Disciplinary-hearings
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Labour Law [2010] ZALCCT 4

National Commissioner Of Police and Another v Senior Superintendent Harri NO and Another (C641/2009)

National Commissioner Of Police and Another v Senior Superintendent Harri NO and Another (C641/2009) [2010] ZALCCT 4 (19 November 2010)

Labour Court reviewed a SAPS disciplinary award, finding the sanction for serious misconduct by a senior police officer grossly unreasonable and substituting dismissal.

  • Disciplinary Hearing Review
  • Sanction Substitution
  • Unreasonableness
  • Public Functionary Decision
  • Section 158 1 H Lra
  • Promotion Of Administrative Justice Act
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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.