South Africa Case Law

Department of Agriculture v Peach and Others (JR761/2014)

Department of Agriculture v Peach and Others (JR761/2014) [2016] ZALCJHB 499 (13 December 2016)

Court

Labour Court Johannesburg

Case number

JR 761/2014

Judge

A J Steenkamp

The Labour Court found that the Department had taken reasonable steps to reconstruct the arbitration record but was unable to produce a complete record, with crucial evidence missing. Following the Constitutional Court's guidance in Baloyi, the Court held that justice could not be served on the merits of the review application without a full record. Accordingly, the arbitration award was reviewed and set aside, and the dispute was remitted to the Bargaining Council for a fresh arbitration before a different arbitrator. The applications to dismiss the review and to make the award an order of c…

Source excerpt

• Review Of Arbitration Award
• Dismissal By Operation Of Law
• Incomplete Record
• Remittal For Rehearing
• Unfair Dismissal

Croukamp v Minister of Defence and Others (57536/2007)

Croukamp v Minister of Defence and Others (57536/2007) [2009] ZAGPPHC 43 (28 April 2009)

Court

North Gauteng High Court, Pretoria

Case number

57536/2007

Judge

Seriti

The High Court held that the applicant’s SANDF dismissal occurred by operation of law under section 59(3) of the Defence Act after unauthorized absence.

• Dismissal By Operation Of Law
• Mobility Exit Mechanism
• Absence Without Leave
• Defence Act Interpretation
• Dismissal-by-operation-of-law
• Defence-act

Mosiane v Minister of Defence and Others (35674/06, 36618/07)

Mosiane v Minister of Defence and Others (35674/06, 36618/07) [2008] ZAGPHC 335 (27 October 2008)

Court

High Courts - Gauteng

Case number

35674/06, 36618/07

Judge

B.R. Southwood

The High Court held that the applicant’s dismissal occurred by operation of law under section 59(3) of the Defence Act after a continuous absence without leave.

• Dismissal By Operation Of Law
• Absence Without Leave
• Defence Act Section 59
• Review Of Administrative Action
• Declaratory Relief
• Costs On Withdrawal

Seema v General Public Services Sectoral Bargaining Council and Others (JR563/03)

Seema v General Public Services Sectoral Bargaining Council and Others (JR563/03) [2005] ZALC 88; (2005) 26 ILJ 2037 (LC); [2005] 11 BLLR 1142 (LC) (12 August 2005)

Court

Labour Court

Case number

JR563/03

Judge

M M Leeuw

The court held that the applicant's dismissal was substantively fair because his absence from work due to incarceration meant he could not render services to the employer, and his employment was terminated by operation of law under section 17(5)(a)(i) of the Public Service Act. However, the dismissal was procedurally unfair because the applicant was not afforded an opportunity to present his case or motivate reinstatement as required by section 17(5)(b) of the Public Service Act and the Code of Good Practice in the Labour Relations Act. The Commissioner did not misdirect himself in finding pr…

Source excerpt

• Dismissal By Operation Of Law
• Procedural Fairness
• Public Service Act
• Arbitration Review
• Compensation
• Reinstatement