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South Africa decisions
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Nyakunhuwa v Ford and Another (JS 894/12) [2013] ZALCJHB 69 (2 May 2013)
Default judgment was granted for an employee dismissed because he was Zimbabwean. The Labour Court found the dismissal automatically unfair and ordered reinstatement.
New Way Motor & Diesel Engineering (Pty) Ltd v Marsland (JA 15/2007) [2009] ZALAC 27; (2009) 30 ILJ 2875 (LAC); [2009] 12 BLLR 1181 (LAC) (13 August 2009)
The court found that the respondent was constructively dismissed as the appellant's conduct made continued employment intolerable. The evidence of discrimination based on mental health was uncontested, and the treatment received by the respondent impaired his dignity, constituting an automatically unfair dismissal under section 187(1)(f) of the Labour Relations Act. The appellant failed to provide evidence to counter the respondent's version. Regarding overtime pay, the court held that only overtime authorized by the employer and within contractual limits was payable. The respondent's evidenc…
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