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South Africa decisions
Decisions matching the current search
Hobongwana v Benteler South Africa (Pty) Ltd (494/2019) [2023] ZAECQBHC 6; (2023) 44 ILJ 1125 (ECP); [2023] 4 BLLR 359 (ECP) (6 February 2023)
The court held that the defendant negligently failed to train and supervise a labour-brokered worker before assigning him to hazardous machinery, causing his back injury.
James v Namcon Logistics (Pty) Ltd (JS 70/2018) [2020] ZALCJHB 189; (2020) 41 ILJ 2845 (LC) ; [2021] 1 BLLR 104 (LC) (10 September 2020)
The Labour Court held that Sweet James’s dismissal was automatically unfair, finding it was linked to his grievance and efforts to enforce his injury-on-duty claim.
TVET SA (Pty) Ltd v Swanepoel and Others (C882/2015) [2017] ZALCCT 21 (23 May 2017)
The Labour Court found that the Commissioner correctly applied the law and the Code of Good Practice regarding incapacity dismissals. The evidence showed that Swanepoel’s incapacity was temporary and that the applicant failed to properly investigate the extent of her incapacity or consider reasonable alternatives to dismissal, such as adapting her duties or providing alternative work. The applicant’s procedural failures, including not assisting Swanepoel with therapy or compensation claims and calling her to restructuring meetings while on sick leave, compounded her condition and demonstrated…
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Oosthuizen v Sibanyoni and Another (2000/2007) [2007] ZAGPHC 40 (24 May 2007)
The High Court dismissed a plaintiff’s assault claim and the defendants’ defamation counterclaim after finding the plaintiff had not proved her version on the evidence.
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