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South Africa decisions
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BBD Management Services (Pty) Ltd v Zwane N.O and Others (JR1855/20) [2023] ZALCJHB 7 (13 January 2023)
Review of a CCMA award in an incapacity dismissal case. The Labour Court found the dismissal’s unfairness finding reasonable and dismissed the review with costs.
Mogomatsi v Goredema N.O. and Others (C560/2019) [2022] ZALCCT 20; (2022) 43 ILJ 2063 (LC) (4 May 2022)
The Court found that the Commissioner erred by ignoring undisputed evidence of the applicant's mental ill-health and by failing to consider its impact on the intolerability of the employment relationship. The objective test for constructive dismissal must encompass the employee's mental health condition when assessing whether the employer's conduct rendered continued employment intolerable. The employer's failure to address the applicant's depression and anxiety, and its insistence on disciplinary action rather than incapacity proceedings, contributed to an intolerable environment. The applic…
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Pahlanga v Petroleum Oil and Gas Corporation of South Africa (SOC) Ltd and Others (C564/2019) [2021] ZALCCT 48; [2021] 11 BLLR 1129 (LC); (2022) 43 ILJ 212 (LC) (9 July 2021)
The Labour Court dismissed a review of an unfair dismissal award, holding that the employer was not required to investigate incapacity absent clear evidence of it.
Adcock Ingram Healthcare Proprietary Limited v Zinyana and Others (JR2733/17) [2020] ZALCJHB 105; (2020) 41 ILJ 2165 (LC) (26 June 2020)
The Labour Court set aside an arbitration award and held that Adcock Ingram’s dismissal of a regulatory affairs pharmacist for poor performance was substantively fair.
Shan's Transport and Logistics Agency (Pty) Ltd v National Bargaining Council for the Road Freight and Logistics Industry and Others (JR 1626/2017) [2020] ZALCJHB 84 (25 May 2020)
Labour Court set aside an arbitration award for failing to consider a settlement letter and properly resolve conflicting evidence on alternative work.
Serakala v National Bargaining Council for the Road Freight, Logistics Industry (NBCRFLI) and Others (JR875/15) [2019] ZALCJHB 96 (14 May 2019)
The Labour Court reviewed an arbitration award on incapacity dismissal, finding the arbitrator ignored relevant medical evidence and denied a fair hearing.
AMCU obo Mkhatshwa and Others v Mashegoana and Others (JR821/15) [2018] ZALCJHB 426 (21 December 2018)
Labour Court review of an incapacity dismissal award was dismissed. The court held the commissioner reasonably applied Schedule 8 and the Sidumo review test.
Steenwerke v Bobbejaan NO and Others (JR923/2013) [2016] ZALCJHB 60 (22 February 2016)
The Labour Court reviewed and set aside a CCMA award after finding the arbitrator ignored material evidence on incapacity, accommodation, and reinstatement.
National Health Laboratory Services v Dubeni and Others (P373/12) [2015] ZALCPE 53 (9 September 2015)
The court found that the commissioner afforded both parties a full opportunity to present their cases and correctly identified the dispute as the fairness of the first respondent’s dismissal for incapacity due to ill-health. The commissioner properly placed the onus on the applicant to prove the fairness of the dismissal and found that the applicant failed to comply with the guidelines in schedule 8 to the Labour Relations Act. The evidence did not support the applicant’s contention that the first respondent requested termination of her services. The commissioner’s interpretation of the disab…
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Drs Haagensen & Lurie Inc v Commission for Conciliation, Mediation and Arbitration and Others (JR2969/10) [2014] ZALCJHB 16 (7 February 2014)
The Labour Court dismissed a review of an unfair-dismissal award, holding that the second commissioner was bound by an unchallenged jurisdiction ruling.
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