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South Africa Case Law

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Labour Law [2023] ZALCJHB 205

A.K v Right to Care NPC (JS597/21)

A.K v Right to Care NPC (JS597/21) [2023] ZALCJHB 205 (7 July 2023)

The Labour Court dismissed an application for leave to appeal, finding no reasonable prospect of success on issues including expeditious handling of a sexual harassment grievance and use of a polygraph test.

  • Leave To Appeal
  • Sexual Harassment
  • Polygraph Testing
  • Expeditious Resolution Of Disputes
  • Leave-to-appeal
  • Sexual-harassment
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Labour Law [2021] ZALCCT 81

Mabusela v Northern Cape Department of Education and Others (C363/2016)

Mabusela v Northern Cape Department of Education and Others (C363/2016) [2021] ZALCCT 81 (29 October 2021)

The applicant failed to provide a reasonable and acceptable explanation for the 13-week delay in filing the review application. His reliance on financial difficulty, without further detail or evidence of steps taken to pursue the review, is insufficient. The principles established in Colett and related cases dictate that, in the absence of a satisfactory explanation, the prospects of success are irrelevant and condonation must be refused. Consequently, the review application cannot proceed and must be dismissed.

  • Condonation For Late Filing
  • Review Of Arbitration Award
  • Expeditious Resolution Of Disputes
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Labour Law [2021] ZALCJHB 323

Road Traffic Management Corporation v Commission for Conciliation, Mediation and Arbitration and Others (JR2751/2018)

Road Traffic Management Corporation v Commission for Conciliation, Mediation and Arbitration and Others (JR2751/2018) [2021] ZALCJHB 323 (5 October 2021)

The applicant failed to demonstrate reasonable prospects that another court would reach a different decision. The refusal to allow cross-examination was justified, as the applicant's counsel absented himself due to double briefing and the attorney withdrew representation, resulting in default proceedings. The evidence regarding breach of trust and promotion was unchallenged and supported the commissioner's finding that dismissal was unfair. The application for leave to appeal does not meet the threshold required under the Labour Relations Act, and the interests of expeditious dispute resoluti…

  • Leave To Appeal
  • Unfair Dismissal
  • Arbitration Procedure
  • Expeditious Resolution Of Disputes
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Labour Law [2018] ZALCJHB 196

Rand Refinery Ltd v Commission for Mediation, Conciliation and Arbitration and Others (JR2800/16)

Rand Refinery Ltd v Commission for Mediation, Conciliation and Arbitration and Others (JR2800/16) [2018] ZALCJHB 196 (18 May 2018)

The Labour Court refused Rand Refinery’s application for leave to appeal, holding that no reasonable prospect existed that another court would reach a different result.

  • Unfair Dismissal
  • Review Of Arbitration Award
  • Leave To Appeal
  • Expeditious Resolution Of Disputes
  • Leave-to-appeal
  • Labour-court
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Labour Law [2017] ZALCJHB 74

Tshililo and Others v City of Johannesburg and Others (J2453/16)

Tshililo and Others v City of Johannesburg and Others (J2453/16) [2017] ZALCJHB 74 (8 March 2017)

Leave to appeal was dismissed after the Labour Court found no reasonable prospect of success and noted late, uncondoned submissions under the Practice Manual.

  • Leave To Appeal
  • Practice Manual Compliance
  • Legitimacy Of Union Office Bearers
  • Expeditious Resolution Of Disputes
  • Leave-to-appeal
  • Practice-manual-compliance
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Labour Law [2017] ZALCJHB 49

Majola v Member of the Executive Council for Roads and Transport: Gauteng Provincial Government and Others (J1206/15, J1529/15)

Majola v Member of the Executive Council for Roads and Transport: Gauteng Provincial Government and Others (J1206/15, J1529/15) [2017] ZALCJHB 49 (17 February 2017)

The Labour Court refused leave to appeal, finding no reasonable prospect that the Labour Appeal Court would reach a different conclusion.

  • Leave To Appeal
  • Reasonable Prospects Of Success
  • Protected Disclosure Act
  • Supplementary Affidavit
  • Expeditious Resolution Of Disputes
  • Leave-to-appeal
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