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South Africa Case Law

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3 Feb 2017

Labour Law [2017] ZALAC 14

National Union of Metal Workers of South Africa (NUMSA) obo Motloba v Johnson Controls Automotive SA (Pty) Ltd and Others (PA6/15)

National Union of Metal Workers of South Africa (NUMSA) obo Motloba v Johnson Controls Automotive SA (Pty) Ltd and Others (PA6/15) [2017] ZALAC 14; [2017] 5 BLLR 483 (LAC); (2017) 38 ILJ 1626 (LAC) (3 February 2017)

Court: Labour Appeal Court
Case number: PA6/15
Judges: Coppin JA, Landman JA, Phatshoane AJA

The Labour Appeal Court upheld the setting aside of an arbitration award and dismissed NUMSA’s appeal, finding the dismissal for assault and intimidation was fair.

Shop Steward Immunity
Misconduct
Procedural Fairness
Substantive Fairness
Dismissal For Assault
Collective Bargaining

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2 May 2003

Labour Law [2003] ZALC 166

MLA Power Systems v NUMSA (J5133/99)

MLA Power Systems v NUMSA (J5133/99) [2003] ZALC 166 (2 May 2003)

Court: Labour Court
Case number: J5133/99
Judge: A A Landman

The Labour Court dismissed a review of a CCMA award reinstating an employee who assaulted a child after provocation was found.

Review Of Arbitration Award
Dismissal For Assault
Provocation As Mitigation
Sanction Appropriateness
Labour-law
Ccma-review

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National Union of Metal Workers of South Africa (NUMSA) obo Motloba v Johnson Controls Automotive SA (Pty) Ltd and Others (PA6/15)

MLA Power Systems v NUMSA (J5133/99)