South Africa Case Law

John v Afrox Oxygen Limited (JA90/15)

John v Afrox Oxygen Limited (JA90/15) [2018] ZALAC 4; [2018] 5 BLLR 476 (LAC); (2018) 39 ILJ 1278 (LAC) (29 January 2018)

Court

Labour Appeal Court

Case number

JA90/15

Judges

Waglay JP, Ndlovu JA, Coppin JA

The Labour Appeal Court held that the appellant's dismissal was automatically unfair as it resulted from her making a protected disclosure to her employer regarding irregularities in the re-grading process. The Court found that section 6 of the Protected Disclosures Act applied, as the disclosure was made to the employer, and rejected the Labour Court's requirement for factual correctness or reliance on section 9. The appellant reasonably believed that the re-grading process prejudiced employees' future salary increases and affected employment equity reporting, and acted in good faith followi…

Source excerpt

• Protected Disclosure
• Automatically Unfair Dismissal
• Occupational Detriment
• Consultation Obligation
• Employment Equity Reporting

John v Afrox Oxygen Limited (JS 532/11)

John v Afrox Oxygen Limited (JS 532/11) [2015] ZALCJHB 237; [2015] 12 BLLR 1213 (LC) (4 August 2015)

Court

Labour Court Johannesburg

Case number

JS 532/11

Judge

Molahlehi

The Labour Court held that the employee failed to prove a protected disclosure and dismissed her automatically unfair dismissal claim.

• Protected Disclosure Act
• Automatic Unfair Dismissal
• Employment Equity Reporting
• Incompatibility
• Consultation Requirements
• Protected-disclosure