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South Africa Case Law

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Labour Law [2025] ZALCJHB 56

Mjoli and Others v Peters Papers (Pty) Ltd and Others (JR1797/17)

Mjoli and Others v Peters Papers (Pty) Ltd and Others (JR1797/17) [2025] ZALCJHB 56 (6 February 2025)

Labour Court review dismissed: tracking data and route deviations supported findings that employees sold employer pallets and lied about their movements.

  • Unfair Dismissal
  • Theft By Employee
  • Common Purpose
  • Credibility Assessment
  • Review Of Arbitration Award
  • Dishonesty Misconduct
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Labour Law [2007] ZALC 117

Kalik v Truworths (Gateway) and Others (D 600/05)

Kalik v Truworths (Gateway) and Others (D 600/05) [2007] ZALC 117; [2008] 1 BLLR 45 (LC); (2007) 28 ILJ 2769 (LC) (10 August 2007)

The court found that the commissioner conducted the arbitration fairly, provided the applicant with opportunities to cross-examine witnesses, and applied her mind to both substantive and procedural fairness. The applicant's arguments regarding procedural irregularities, denial of closing arguments, and failure to consider mitigating circumstances were rejected. The commissioner was entitled to conduct the proceedings as she saw fit under section 138 of the LRA, and the evidence supported the finding of dishonesty. The employment relationship had irretrievably broken down, making mitigation ir…

  • Unfair Dismissal
  • Review Of Arbitration Award
  • Dishonesty Misconduct
  • Procedural Fairness
  • Mitigating Circumstances
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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.