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South Africa decisions
Decisions matching the current search
Wood Group (South Africa) (Pty) Ltd v Ngobeni NO and Others (JR672/15) [2016] ZALCJHB 321 (23 August 2016)
The Labour Court held that the labour broker, not just its client, had dismissed the employee and dismissed the review application with costs.
National Union of Metal Workers of South Africa and Others v Abancedisi Labour Services CC (JA62/10) [2012] ZALAC 21; [2012] 11 BLLR 1123 (LAC); (2012) 33 ILJ 2824 (LAC) (20 July 2012)
The Labour Appeal Court held that the removal of employees from Kitsanker’s premises by the client did not constitute a dismissal by the respondent within the meaning of section 186(1) of the LRA. The employment contracts were not terminated by the respondent, and the evidence showed that the respondent continued to regard the employees as employed and on its payroll. The contract envisaged the possibility of further assignments, and did not guarantee ongoing work. The respondent was not afforded reasonable time to place the employees elsewhere or commence retrenchment consultations. The unio…
Source excerpt
Walljee and Other v Capacity Outsourcing and Another (D451/09) [2012] ZALCD 2; (2012) 33 ILJ 1744 (LC) (1 January 2012)
The Labour Court refused to join the client company in an automatically unfair dismissal claim, holding that section 198 of the LRA left the claim against the labour broker only.
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