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South Africa decisions
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South African Legal Practice Council v Ramdin (26408/2021) [2024] ZAGPPHC 633 (25 June 2024)
The High Court struck an attorney off the roll after finding she misled clients, mishandled trust funds, failed to cooperate with the LPC, and was dishonest.
Toyota South Africa Motors (PTY) Ltd v NUMSA obo Njilo and Others (D 692/19) [2022] ZALCD 12; (2022) 43 ILJ 2393 (LC) (14 July 2022)
The court found that the arbitrator did not commit any reviewable irregularity in her assessment of the evidence or conduct of the proceedings. The arbitrator reasonably accepted Mr Njilo's explanation that he acted according to Zulu cultural norms and was unaware of the specific requirements of the compassionate leave policy. The applicant failed to demonstrate that Mr Njilo was properly informed of the policy or that he acted with dishonest intent. The arbitrator's finding that the sanction of dismissal was inappropriate was a reasonable value judgment, considering Mr Njilo's long service,…
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Hendricks v Overstrand Municipality and Another (CA24/2013) [2014] ZALAC 49; [2014] 12 BLLR 1170 (LAC); (2015) 36 ILJ 163 (LAC) (25 September 2014)
The Labour Appeal Court held that section 158(1)(h) of the LRA empowers the Labour Court to review decisions taken by the State as employer on grounds permissible in law, including legality, rationality, and reasonableness. The Court found that the presiding officer's decision in the disciplinary hearing, which imposed a sanction less than dismissal for serious dishonesty and fraudulent misrepresentation by a senior law enforcement official, was irrational and unreasonable. The employment relationship was irretrievably broken down, and the only appropriate sanction was dismissal. The Court re…
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Overstrand Municipality v Magerman NO and Another (C86/2013) [2013] ZALCCT 58 (28 October 2013)
The Labour Court has jurisdiction under section 158(1)(h) of the LRA to review disciplinary findings imposed by a chairperson acting under a collective agreement in local government. The chairperson's sanction of suspension without pay and a final written warning for serious misconduct involving dishonesty was irrational and unreasonable, given the employee's senior position and the gravity of the misconduct. The mitigating factors considered by the chairperson did not outweigh the operational need for exemplary conduct and trustworthiness in law enforcement. The evidence established that the…
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