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South Africa decisions
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BMW (South Africa) (Pty) Ltd v Molahloe and Others (29179/2020) [2021] ZAGPPHC 481 (22 July 2021)
The High Court dismissed BMW’s urgent application to confirm an interim interdict against former contract workers, finding the evidence did not prove intimidation or obstruction.
Mngomezulu and Another v Nestle South Africa (Pty) Ltd (JS235/17) [2017] ZALCJHB 441 (24 November 2017)
The Labour Court found the applicants were automatically unfairly dismissed for exercising section 198 rights and ordered retrospective reinstatement.
Qubekela Projects CC v Mokoena and Others (JR2743/14, J2084/16) [2017] ZALCJHB 307 (25 August 2017)
The Labour Court dismissed an application for leave to appeal, finding no reasonable prospects that another court would reach a different result.
South African Broadcasting Corporation (SOC) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (JR745/16) [2017] ZALCJHB 128 (19 April 2017)
The Labour Court dismissed an application for leave to appeal after finding no reasonable prospect of a different outcome on employee status and CCMA jurisdiction.
Mokoena and Others v MEC Gauteng Department of Health (J352/16) [2016] ZALCJHB 98; (2016) 37 ILJ 1445 (LC) (18 March 2016)
The Labour Court held that Gauteng community health workers were employees under the LRA, but the court declined to rule on unfair dismissal issues.
Sawyer and Others v 4Q Fishing (Pty) Ltd (PS45/13) [2015] ZALCPE 63 (23 October 2015)
The court found that all applicants were employees of the respondent, applying the dominant impression test and considering the nature of their work, supervision, and economic dependence. The respondent's failure to directly communicate with the second and third applicants regarding continued employment and its employment of new crew constituted dismissal. The dismissals were for operational requirements, which were substantively fair, but the respondent failed to follow a fair procedure, rendering the dismissals procedurally unfair. Compensation for unfair dismissal in the context of fixed t…
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Golding v HCI Manageral services (Pty) Ltd and Others ([2015] 1 BLLR 91 (LC); (2015) 36 ILJ 1098 (LC)) [2014] ZALCCT 75; [2014] ZALCCT 52 (27 October 2014)
The court found that Golding was employed by HCI and HCI Managerial Services, as evidenced by his remuneration, tax documentation, and participation in the HCI employee share scheme. The disciplinary action and suspension were lawful, and the applicant failed to establish a prima facie right to the relief sought. The urgency was self-created due to the applicant's delay in launching the application and providing insufficient time for respondents to answer. Even if the suspension was procedurally unfair due to lack of a prior hearing, the applicant had adequate alternative remedies under the L…
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Vincent v Gunase and Another (JR1740/2010) [2014] ZALCJHB 303 (6 August 2014)
The court found that the Commissioner misdirected herself by admitting and relying on hearsay evidence, specifically the email from Mr Rose, when the witness was available to testify. This admission was prejudicial to the applicant and constituted a fatal irregularity in the arbitration proceedings. The applicant's viva voce evidence was not contradicted by any evidence from the respondent, and her version should have prevailed. The court held that there was sufficient evidence to support the finding that the applicant was an employee at the material time and had been unfairly dismissed. The…
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Khan v Local Trans and Another (C690/2009) [2010] ZAWCHC 659 (20 April 2010)
The High Court reviewed and set aside a CCMA condonation ruling, finding the commissioner failed to assess whether a service agreement was a sham disguising continued employment.
Khan v Local Trans and Another (C690/2009) [2010] ZALC 327 (20 April 2010)
The High Court reviewed and set aside a CCMA condonation ruling, finding the commissioner failed to properly assess whether a service contract disguised continued employment.
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