South Africa Case Law

Dean v Commission for Conciliation Mediation and Arbitration and Others (JR1956/16)

Dean v Commission for Conciliation Mediation and Arbitration and Others (JR1956/16) [2019] ZALCJHB 337 (3 December 2019)

Court

Labour Court Johannesburg

Case number

JR1956/16

Judge

G N Moshoana

The court found that the commissioner’s award was reasonable and supported by the evidence. The applicant failed to clock in and out as required by a rule introduced in October 2014, and his overtime claims for April and September 2015 could not be substantiated by clock cards. The commissioner drew a reasonable inference from the applicant’s failure to challenge prior penalties and the lack of clocking evidence. The denial of legal representation was subject to a separate ruling not challenged in this review. The grounds advanced by the applicant were without merit, and the review applicatio…

Source excerpt

• Unfair Dismissal
• Fraud And Dishonesty
• Arbitration Review
• Legal Representation
• Reasonableness Of Award

Makgoba and Others v Klopper and Others (81488/15)

Makgoba and Others v Klopper and Others (81488/15) [2019] ZAGPPHC 190 (29 April 2019)

Court

North Gauteng High Court, Pretoria

Case number

81488/15

Judge

AE Andrews

The High Court dismissed a rescission application challenging an eviction order, finding no credible proof of a different order, no fraud, and no basis for condonation.

• Rescission Of Judgment
• Eviction
• Conflict Of Interest
• Trusteeship In Insolvency
• Condonation
• Fraud And Dishonesty

National Union of Mineworkers and Another v Commission for Conciliation Mediation And Arbitration and Others (JR1864/11)

National Union of Mineworkers and Another v Commission for Conciliation Mediation And Arbitration and Others (JR1864/11) [2015] ZALCJHB 218 (22 July 2015)

Court

Labour Court Johannesburg

Case number

JR1864/11

Judge

Tlhotlhalemaje

The Labour Court dismissed a review of a CCMA award upholding Reuben van Donder’s dismissal for fraud and dishonesty, and condoned a late replying affidavit.

• Unfair Dismissal
• Arbitration Review
• Legal Representation In Ccma
• Fraud And Dishonesty
• Condonation Of Late Filing
• Arbitration-review

ABSA Bank Ltd v Burmeister and Others (647/02)

ABSA Bank Ltd v Burmeister and Others (647/02) [2004] ZASCA 16; [2005] 3 All SA 409 (SCA); 2004 (5) SA 595 (SCA); (2004) 25 ILJ 1650 (SCA) (26 March 2004)

Court

Supreme Court of Appeal

Case number

647/02

Judges

Scott, Mpati, Cameron, Nugent, Cloete

The court held that section 37D(1)(b) of the Pension Funds Act applies only to the original employer’s fund, not to later funds holding transferred benefits.

• Pension Fund Benefits
• Attachment And Execution
• Statutory Interpretation
• Compulsory Annuity
• Fraud And Dishonesty
• Pension-fund-benefits