Esheria South Africa Case Law
Sign in
South Africa Source-linked decisions Coverage checked

South Africa Case Law

Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.

Courts on this page
2 court collections
Last checked

Search and filter South Africa case law

Results update automatically as you type.

South Africa decisions

Decisions matching the current search

Clear filters
Labour Law [2013] ZAFSHC 236

Moshou v Truworths Limited t/a Truworths (5188/2010)

Moshou v Truworths Limited t/a Truworths (5188/2010) [2013] ZAFSHC 236 (21 November 2013)

Court
Free State High Court, Bloemfontein
Case number
5188/2010
Judge
Pohl

The court found that the plaintiff's claim for damages based on alleged unlawful dismissal is, in substance, a claim for unfair dismissal. The Labour Relations Act provides the exclusive remedy for unfair dismissal, requiring such disputes to be referred to the CCMA or Labour Court. There is no express or implied term in the employment contract that dismissal must be lawful beyond the statutory requirements. Accordingly, the exception to claim 1 succeeds. Regarding claim 2, the court held that the particulars of claim for malicious prosecution contain sufficient factual allegations and are no…

Source excerpt

  • Unfair Dismissal
  • Implied Terms In Employment Contract
  • Malicious Prosecution
  • Exception Procedure
Read case analysis
Labour Law [2012] ZALCJHB 42

Goussard v Impala Platinum Ltd (JS 21/08)

Goussard v Impala Platinum Ltd (JS 21/08) [2012] ZALCJHB 42; (2012) 33 ILJ 2898 (LC) (7 May 2012)

Court
Labour Court Johannesburg
Case number
JS 21/08
Judge
Molahlehi

The Labour Court does not have jurisdiction to entertain the applicant's contractual and delictual damages claims, as the right not to be unfairly dismissed is a statutory right and cannot be implied into the employment contract to found a damages claim. The applicant's remedies for unfair dismissal are confined to those provided for in the LRA and BCEA. The Court has jurisdiction to entertain the alleged unfair dismissal for operational reasons, as this falls within its statutory powers, but not for incompatibility, which is arbitrable unless the parties consent to the Court sitting as arbit…

Source excerpt

  • Jurisdiction Of Labour Court
  • Unfair Dismissal
  • Implied Terms In Employment Contract
  • Constitutional Damages
  • Operational Requirements
  • Incompatibility
Read case analysis

About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.