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South Africa decisions
Decisions matching the current search
Stoffels v Bloch N.O (C470/2020) [2022] ZALCCT 23 (17 May 2022)
Labour Court review dismissed after finding the arbitrator reasonably upheld dismissal for poor performance and failure to follow customer leads.
Adcock Ingram Healthcare Proprietary Limited v Zinyana and Others (JR2733/17) [2020] ZALCJHB 105; (2020) 41 ILJ 2165 (LC) (26 June 2020)
The Labour Court set aside an arbitration award and held that Adcock Ingram’s dismissal of a regulatory affairs pharmacist for poor performance was substantively fair.
Moneyline Financial Services (Pty) Ltd v Chakane NO and Others (JR2454/17) [2019] ZALCJHB 156 (19 June 2019)
Labour Court review dismissed: the commissioner reasonably found that employees dismissed for poor performance had not been given sufficient support or time to improve.
Damelin (Pty) Ltd v Solidarity obo Parkinson and Others (JA48/15) [2017] ZALAC 6; (2017) 38 ILJ 872 (LAC); [2017] 7 BLLR 672 (LAC) (10 January 2017)
The Labour Appeal Court held that Damelin failed to prove a fair dismissal for poor performance, finding the targets and timeframe unrealistic. Appeal dismissed.
Transnet Rail Engineering v Mienies and Others (CA20/2013) [2015] ZALAC 22; [2015] 11 BLLR 1144 (LAC); (2015) 36 ILJ 2605 (LAC) (18 June 2015)
The Labour Appeal Court found that the arbitrator failed to consider material evidence regarding Mr Mienies' mental health, workplace conflict, and recommendations for transfer, which were directly relevant to the substantive fairness of his dismissal. The arbitrator ignored medical and counselling reports indicating that Mr Mienies suffered from depression due to workplace conditions and that a transfer was recommended to prevent further deterioration. The evidence established that the employer did not provide Mr Mienies with a reasonable opportunity to improve his performance or consider al…
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Zulu v CCMA and Others (JR1517/10) [2015] ZALCJHB 222 (2 June 2015)
The Labour Court dismissed a condonation application in a review of an arbitration award, finding the delay excessive and the explanation inadequate.
Sun Couriers (Pty) Ltd CCMA and Others (P255/01) [2001] ZALC 216; (2002) 23 ILJ 189 (LC) (28 November 2001)
Labour Court set aside a CCMA award on review, finding the commissioner conflated incapacity with misconduct in a poor-performance dismissal case.
Saunders v Arnold Chatz Edenvale and Others (JR254/01) [2001] ZALC 179 (18 October 2001)
The Labour Court dismissed a review of an arbitration award upholding dismissal for poor work performance, finding no gross irregularity and that review is not an appeal.
Saunders v Edenvale and Others (JR254/01) [2001] ZALCJHB 10 (18 October 2001)
The Labour Court dismissed a review of a dismissal award, finding the commissioner considered the evidence and did not commit a gross irregularity.
Park Hyatt Hotel v Commission for Conciliation, Mediation and Arbitration and Others (J 450/99) [1999] ZALC 129 (20 August 1999)
The Labour Court reviewed and set aside a CCMA award, finding the commissioner failed to properly assess evidence on prior warnings and representation at the disciplinary enquiry.
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