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South Africa Case Law

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Labour Law [2017] ZALCJHB 106

Maile v Department of Correctional Services (JS33/13)

Maile v Department of Correctional Services (JS33/13) [2017] ZALCJHB 106 (24 March 2017)

Court
Labour Court Johannesburg
Case number
JS33/13
Judge
E Tlhotlhalemaje

The court held that the applicant's employment relationship was suspended upon his incarceration, and he could not be classified as an employee during that period. The appeal process could not be completed due to intervening circumstances, and the respondent was not obliged to convene appeal proceedings at the correctional facility. The applicant's reliance on clause 7.16.2.1 was misplaced, as the definitions in the relevant statutes require the ability to render services and receive remuneration, which was not possible during imprisonment. The claim for remuneration was therefore without mer…

Source excerpt

  • Employee Definition
  • Remuneration Entitlement
  • Disciplinary Appeal Procedure
  • Incarceration And Employment
  • Basic Conditions Of Employment Act
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Labour Law [2014] ZALCPE 10

Gwadana v South African Local Government Bargaining Council and Others (P561/11)

Gwadana v South African Local Government Bargaining Council and Others (P561/11) [2014] ZALCPE 10 (6 June 2014)

Court
Labour Court Port Elizabeth
Case number
P561/11
Judge
Lallie

The court found that the arbitrator correctly identified the main dispute as the fairness of the applicant's dismissal for incapacity due to incarceration. The arbitrator considered the totality of the evidence, including the applicant's key position, the timing of his incarceration, and the opportunity afforded to the applicant to provide reasons against dismissal. The court held that the arbitrator's reliance on the Samancor decision was appropriate and that the provisions of items 10 and 11 of schedule 8 to the LRA, which deal with incapacity due to ill-health or injury, were not applicabl…

Source excerpt

  • Dismissal For Incapacity
  • Review Of Arbitration Award
  • Procedural Fairness
  • Substantive Fairness
  • Incarceration And Employment
  • Application Of Lra
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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.