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South Africa Case Law

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Labour Law [2021] ZALCJHB 203

Molefe v Commission for Conciliation, Mediation & Arbitration Polokwane and Others (JR2356/17)

Molefe v Commission for Conciliation, Mediation & Arbitration Polokwane and Others (JR2356/17) [2021] ZALCJHB 203 (2 August 2021)

Labour Court dismissed condonation and review because the delay was poorly explained and the applicant showed no prospects of success in challenging the dismissal award.

  • Condonation
  • Unfair Dismissal
  • Review Of Arbitration Award
  • Disciplinary Consistency
  • Fraud In Employment
  • Review-of-arbitration-award
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Labour Law [2017] ZALCJHB 420

South African Post Office (Soc) Limited v Mpfumba and Others (JR2173/13)

South African Post Office (Soc) Limited v Mpfumba and Others (JR2173/13) [2017] ZALCJHB 420 (17 November 2017)

The Labour Court held that a CCMA award on dismissal for fraud was unreasonable because it was not properly connected to the evidence.

  • Unfair Dismissal
  • Arbitration Review
  • Fraud In Employment
  • Condonation Of Late Filing
  • Labour-law
  • Unfair-dismissal
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Labour Law [2016] ZALCJHB 332

Malaka v GPSSBC and Others (JR566/15)

Malaka v GPSSBC and Others (JR566/15) [2016] ZALCJHB 332 (18 August 2016)

Labour Court review of an arbitration award dismissing a Department employee for fraud, document falsification, vehicle misuse, and IT policy allegations.

  • Unfair Dismissal
  • Fraud In Employment
  • Falsification Of Documents
  • Unauthorised Use Of Company Property
  • Disciplinary Procedure
  • Information Technology Policy
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Labour Law [2014] ZAFSHC 199

Mpelo v Minster of Police and Another (4190/2014)

Mpelo v Minster of Police and Another (4190/2014) [2014] ZAFSHC 199 (23 October 2014)

Urgent application to stay execution of a military dismissal pending review was dismissed. The court found no prima facie right, no irreparable harm, and an adequate alternative remedy.

  • Interim Interdict
  • Dismissal For Misconduct
  • Fraud In Employment
  • Urgent Application
  • Review Of Military Appeal
  • Interim-interdict
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Labour Law [2014] ZAFSHC 186

Mphelo v Minister of Defence and Another (4190/2014)

Mphelo v Minister of Defence and Another (4190/2014) [2014] ZAFSHC 186 (16 October 2014)

The court dismissed an urgent application to stay execution of a military dismissal pending review, finding no prima facie right, irreparable harm, or balanced convenience.

  • Interim Interdict
  • Dismissal For Misconduct
  • Fraud In Employment
  • Review Of Military Appeal
  • Balance Of Convenience
  • Interim-interdict
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Labour Law [2003] ZALC 40

Rotek Engineering (Pty) Ltd v Commission for Conciliation Mediation and Arbitration and Others (J20/01)

Rotek Engineering (Pty) Ltd v Commission for Conciliation Mediation and Arbitration and Others (J20/01) [2003] ZALC 40 (29 April 2003)

Labour Court review dismissed a challenge to an arbitration award finding dismissal substantively unfair over an inflated-invoice dispute.

  • Unfair Dismissal
  • Review Of Arbitration Award
  • Substantive Fairness
  • Procedural Fairness
  • Compensation
  • Fraud In Employment
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.