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South Africa decisions
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Notisi v South African Police Service and Others (JA31/2022) [2023] ZALAC 33; [2024] 4 BLLR 380 (LAC); (2024) 45 ILJ 986 (LAC) (14 December 2023)
The Labour Appeal Court upheld Notisi’s appeal, finding his dismissal substantively unfair and ordering reinstatement because SAPS did not prove intolerability.
Maarman v Commission For Conciliation, Mediation and Arbitration and Others (JR 1464/2020) [2023] ZALCCT 68 (31 July 2023)
The Labour Court dismissed both a late cross-review and the employee’s review, upholding an arbitration award that denied reinstatement and granted compensation.
Jonas v Commission for Conciliation, Mediation and Arbitration and Others (PR68/2014) [2016] ZALCPE 17; [2016] 12 BLLR 1222 (LC); (2017) 38 ILJ 376 (LC) (9 September 2016)
The Labour Court set aside a dismissal review award insofar as it denied reinstatement, holding the arbitrator misapplied section 193(2) and lacked objective grounds for intolerability.
Life Hotel Airport JHB (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (JR3041/12) [2016] ZALCJHB 38 (4 February 2016)
The Labour Court dismissed a review of a CCMA award finding constructive dismissal, holding the commissioner had not misdirected herself and that the award was reasonable.
Distinctive Choice 721 CC t/a Husan Panel Beaters v The Dispute Resolution Centre (Motor Industry Bargaining Council) ((2013) 34 ILJ 3184 (LC)) [2013] ZALCJHB 355; [2013] ZALCJHB 83 (14 May 2013)
The Labour Court found that the applicant did not make the third respondent's employment intolerable within the meaning of section 186(1)(e) of the Labour Relations Act. The evidence showed that Mr Peyper had reasonable alternatives available, including attending a disciplinary enquiry and referring an unfair labour practice dispute regarding his demotion. The demotion was not final, as the applicant had scheduled a disciplinary hearing and provided options to Mr Peyper. The humiliation and embarrassment experienced by Mr Peyper did not meet the high threshold of intolerability required by la…
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