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South Africa Case Law

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Labour Law [2017] ZALCJHB 116

Mogale v General Public Service Sectoral Bargaining Council (GPSSBC) and Others (JR1733/16)

Mogale v General Public Service Sectoral Bargaining Council (GPSSBC) and Others (JR1733/16) [2017] ZALCJHB 116 (24 January 2017)

Court
Labour Court Johannesburg
Case number
JR1733/16
Judge
Beckenstrater

The applicant failed to provide specific, corroborated evidence of intolerable working conditions or employer fault. His allegations were generic, unsupported by witnesses or documentation, and highly improbable in certain respects. The employer offered to address the grievance and provided opportunities for postponement and preparation, which the applicant declined. The applicant resigned before the employer could investigate or remedy the situation. The commissioner correctly found that the applicant did not discharge the onus of proving constructive dismissal, and the reviewing court is bo…

Source excerpt

  • Constructive Dismissal
  • Review Of Arbitration Award
  • Onus Of Proof
  • Employee Grievance
  • Intolerability Of Employment
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Labour Law [2015] ZALAC 25

Conti Print CC v CCMA and Others (JA53/2014)

Conti Print CC v CCMA and Others (JA53/2014) [2015] ZALAC 25; [2015] 9 BLLR 865 (LAC); (2015) 36 ILJ 2245 (LAC) (24 June 2015)

Court
Labour Appeal Court
Case number
JA53/2014
Judges
Tlaletsi, Sutherland, Mngqibisa-Thusi

The Labour Appeal Court found that the arbitrator and Labour Court failed to properly evaluate the evidence and credibility of witnesses. The employer responded reasonably to the employee's complaints by offering to move her and promising to close the partition gap. The employee's refusal to move and abrupt resignation were grossly unreasonable, and she failed to exhaust internal remedies. The arbitrator ignored material evidence, particularly the supervisor's testimony, and made irrational findings. The proven facts did not establish that the employer made continued employment intolerable. T…

Source excerpt

  • Constructive Dismissal
  • Jurisdiction Of Ccma
  • Review Of Arbitration Award
  • Intolerability Of Employment
  • Employee Resignation
  • Procedural Fairness
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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.