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South Africa Case Law

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Labour Law [2018] ZALCJHB 35

Bosal Afrika (Pty) Ltd v NUMSA obo Mawelela and Others (JR839/2011)

Bosal Afrika (Pty) Ltd v NUMSA obo Mawelela and Others (JR839/2011) [2018] ZALCJHB 35 (8 February 2018)

The Labour Court reviewed and set aside an arbitration award after finding the commissioner misconceived the dispute by treating a misconduct dismissal as incapacity.

  • Unfair Dismissal
  • Incapacity Procedure
  • Arbitration Review
  • Procedural Fairness
  • Substantive Fairness
  • Unfair-dismissal
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Labour Law [2016] ZALCJHB 311

Nagdee v Edcon (J1402/2015)

Nagdee v Edcon (J1402/2015) [2016] ZALCJHB 311 (26 June 2016)

The Labour Court dismissed a condonation application for a late referral of an automatically unfair dismissal dispute, finding the delay excessive and inadequately explained.

  • Automatically Unfair Dismissal
  • Condonation
  • Disability Discrimination
  • Incapacity Procedure
  • Automatically-unfair-dismissal
  • Incapacity
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Labour Law [2004] ZALC 83

Rikhotso v MEC for Education (JS 1152/02)

Rikhotso v MEC for Education (JS 1152/02) [2004] ZALC 83; [2005] 3 BLLR 278 (LC); (2004) 25 ILJ 2385 (LC) (11 November 2004)

The Labour Court held that the educator’s medical boarding application was lawfully refused, his absence became unauthorised, and his deemed discharge stood.

  • Employment Of Educators Act
  • Medical Boarding
  • Unauthorised Absence
  • Incapacity Procedure
  • Employment-of-educators-act
  • Medical-boarding
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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.