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South Africa decisions
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NUMSA obo GAZU v Defy Appliances (PTY) Ltd and Others (D1417/19) [2022] ZALCD 33 (5 August 2022)
The Labour Court dismissed NUMSA’s review of an arbitration award that upheld Gazu’s dismissal for dishonesty, finding no reviewable irregularity.
National Union of Mineworkers obo Masha and Others v SAMANCOR Limited (Eastern Chromes Mines) and Others (CCT 154/20) [2021] ZACC 16; (2021) 42 ILJ 1881 (CC); [2021] 9 BLLR 883 (CC); 2021 (10) BCLR 1191 (CC) (22 June 2021)
The Constitutional Court granted condonation for the late filing of the application, finding the delay minimal and satisfactorily explained. The Court held that the matter engaged constitutional issues, specifically the right to fair labour practices and access to justice, thus its jurisdiction was established. However, the Court found no reasonable prospects of success on the merits, as the evidence did not support inconsistency in discipline and the sanction of dismissal was justified given the seriousness of the misconduct. The Labour Appeal Court's finding that the employees breached heal…
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Aquarius Platinum (SA)(Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (JA96/2018) [2020] ZALAC 23; (2020) 41 ILJ 2059 (LAC); [2020] 11 BLLR 1071 (LAC) (18 May 2020)
The Labour Appeal Court held that theft need not be secret and that Ngorima’s misuse of company labour and failure to return property justified dismissal.
Samancor Limited (Eastern Chrome Mines) v Commission for Conciliation, Mediation and Arbitration Limpopo and Others (JA140/2018) [2020] ZALAC 17; [2020] 9 BLLR 908 (LAC); (2020) 41 ILJ 2135 (LAC) (18 May 2020)
The Labour Appeal Court upheld the employer’s appeal, finding five mine employees fairly dismissed for ignoring safety instructions and reinstating no relief.
Metsimaholo Local Municipality v South African Local Government Bargaining Council and Others (JA78/14) [2016] ZALAC 1; [2016] 5 BLLR 435 (LAC) (3 February 2016)
The Labour Appeal Court dismissed Metsimaholo Municipality’s appeal, upholding reinstatement of two electricians dismissed for alleged moonlighting without permission.
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