South Africa Case Law

Ntengu v Department of Correctional Service and Others (PR54/22)

Ntengu v Department of Correctional Service and Others (PR54/22) [2024] ZALCPE 46; (2025) 46 ILJ 1257 (LC) (20 November 2024)

Court

Labour Court Port Elizabeth

Case number

PR54/22

Judge

MZN Lallie

Labour Court reviewed and set aside a rescission ruling after finding the commissioner unreasonably dismissed the applicant’s default explanation and should have granted rescission.

• Unfair Labour Practice
• Rescission Of Arbitration Award
• Gross Irregularity
• Postponement Rules
• Family Responsibility Leave
• Rescission-of-arbitration-award

Benjamin v COLCAB (C 912/2010)

Benjamin v COLCAB (C 912/2010) [2013] ZALCCT 30 (9 July 2013)

Court

Labour Court Cape Town

Case number

C912/2010

Judge

Rabkin-Naicker

The Labour Court dismissed an automatically unfair dismissal claim, finding the employee failed to show a prohibited reason and that late coming drove the dismissal.

• Automatic Unfair Dismissal
• Section 187 Lra
• Progressive Discipline
• Family Responsibility Leave
• Victimisation
• Procedural Fairness

Fairy Tales Boutique t/a Baby City Centurion v Commission for Conciliation, Mediation and Arbitration and Others (JR469/09)

Fairy Tales Boutique t/a Baby City Centurion v Commission for Conciliation, Mediation and Arbitration and Others (JR469/09) [2010] ZALC 160 (20 August 2010)

Court

Labour Court

Case number

JR469/09

Judge

Bhoola

Review of a CCMA rescission and unfair dismissal award failed; the court upheld findings of substantive and procedural unfairness and dismissed the review with costs.

• Unfair Dismissal
• Procedural Fairness
• Family Responsibility Leave
• Gross Insubordination
• Compensation Award
• Unfair-dismissal

Fairy Tales Boutique t/a Baby City Centurion v Commission for Conciliation Mediation And Arbitration and Others (JR469/09)

Fairy Tales Boutique t/a Baby City Centurion v Commission for Conciliation Mediation And Arbitration and Others (JR469/09) [2010] ZALCJHB 56 (20 August 2010)

Court

Labour Court Johannesburg

Case number

JR469/09

Judge

Bhoola

The court found that the commissioner acted within her discretion under section 144 of the LRA to rescind the dismissal ruling, particularly as the third respondent had not received notice of the set down. The procedural fairness finding was upheld, as the third respondent was denied representation at her disciplinary enquiry, which was confirmed by Chetty's concession and the circumstances of the enquiry. Substantively, the commissioner was justified in concluding that the applicant failed to accommodate the third respondent's cultural and family obligations, and that the refusal of leave wa…

Source excerpt

• Unfair Dismissal
• Review Of Arbitration Award
• Family Responsibility Leave
• Procedural Fairness
• Compensation
• Gross Insubordination