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South Africa decisions
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Zwane v Sasol Technology and Another [2023] ZAGPPHC 131; 91849/2015 (22 February 2023)
The High Court upheld an exception to an amended claim, finding it vague, embarrassing, and non-compliant with pleading rules, and set it aside as an irregular step.
Mchuba v Passenger Rail Agency of South Africa (J392/14) [2016] ZALCJHB 73; [2016] 6 BLLR 612 (LC); (2016) 37 (ILJ) 1923 (LC) (2 March 2016)
The Labour Court found that the respondent breached its contractual obligation by unilaterally abandoning the agreed pre-dismissal arbitration process after having elected to address the allegations of misconduct against the applicant in terms of section 188A of the Labour Relations Act. The disciplinary code, incorporated into the applicant's contract, provided for pre-dismissal arbitration as an option, and the respondent's conduct—approaching Tokiso and arranging the arbitration—constituted an election to follow that route. The applicant's participation amounted to consent by conduct. The…
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