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South Africa decisions
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South African Rugby Union v Watson and Others (CA17/2017) [2018] ZALAC 57; (2019) 40 ILJ 1052 (LAC); [2019] 7 BLLR 638 (LAC) (11 October 2018)
The Labour Appeal Court held that dismissal for serious abusive misconduct was reasonable and restored the arbitrator’s award, setting aside the Labour Court’s substitution.
Edcon Limited v Padayachee and Others (J331/16) [2018] ZALCJHB 307 (20 September 2018)
The court held that the commissioner’s award was reasonable and supported by the evidence. The applicant failed to prove on a balance of probabilities that the first respondent was incompatible and that her conduct was the cause of disharmony in the workplace. The procedures followed by the applicant focused on poor performance and misconduct rather than incompatibility, which was the stated reason for dismissal. The commissioner correctly found both substantive and procedural unfairness. The remedy of reinstatement with backpay was appropriate, as there was no sufficient evidence that the em…
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Watson v South African Rugby Union and Others (C672/15) [2017] ZALCCT 42 (6 September 2017)
The Labour Court granted SARU leave to appeal against a review judgment, finding reasonable prospects that the Labour Appeal Court may reach a different result.
John v Afrox Oxygen Limited (JS 532/11) [2015] ZALCJHB 237; [2015] 12 BLLR 1213 (LC) (4 August 2015)
The Labour Court held that the employee failed to prove a protected disclosure and dismissed her automatically unfair dismissal claim.
Mgijima v Member of the Executive Council Gauteng Department of Education and Others (JR1894/2011) [2014] ZALCJHB 414 (27 October 2014)
The Labour Court found that while the applicant's conduct contributed to workplace disharmony, the employer failed to implement the agreed resolution to appoint a psychologist to address the issues. The arbitrator's finding that the applicant should have taken responsibility for implementing the resolution was unreasonable, as she was not mandated to do so and was herself the subject of the complaints. There was no evidence of further conflict after the intervention meeting, nor justification for the delay in instituting disciplinary proceedings. The Court held that the employment relationshi…
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PSA obo Mbiza v Office of the Presidency and Others (JR1567/10) [2013] ZALCJHB 324; [2014] 3 BLLR 275 (LC); (2014) 35 ILJ 1628 (LC) (27 November 2013)
Labour Court review of an arbitration award on dismissal for incompatibility; the court found no evidentiary basis for fair reason and awarded compensation.
Goussard v Impala Platinum Ltd (JS 21/08) [2012] ZALCJHB 42; (2012) 33 ILJ 2898 (LC) (7 May 2012)
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…
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Vitale v Transdeco GTHMH (Pty) Ltd and Others (JR1061/06) [2007] ZALCJHB 21 (16 November 2007)
Labour Court review of an arbitration award upholding dismissal for incompatibility, insubordination, and alleged slowing of production.
Jabari v Telkom SA (Pty) Ltd (JS799/04) [2006] ZALC 63; [2006] 10 BLLR 924 (LC); (2006) 27 ILJ 1854 (LC) (19 May 2006)
The court found that the applicant was dismissed primarily for initiating grievance proceedings and refusing a severance package, both actions protected by constitutional and statutory rights. The respondent failed to prove that incompatibility was the true reason for dismissal or that the employment relationship had irretrievably broken down due to the applicant's conduct. The respondent did not follow proper procedures for incompatibility, nor did it provide objective evidence or remedial steps. The applicant was not subjected to disciplinary proceedings, and his performance appraisals were…
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