Esheria South Africa Case Law
Sign in
South Africa Source-linked decisions Coverage checked

South Africa Case Law

Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.

Courts on this page
1 court collection
Last checked

Search and filter South Africa case law

Results update automatically as you type.

South Africa decisions

Decisions matching the current search

Clear filters
Labour Law [2014] ZALAC 49

Hendricks v Overstrand Municipality and Another (CA24/2013)

Hendricks v Overstrand Municipality and Another (CA24/2013) [2014] ZALAC 49; [2014] 12 BLLR 1170 (LAC); (2015) 36 ILJ 163 (LAC) (25 September 2014)

Court
Labour Appeal Court
Case number
CA24/2013
Judges
Musi JA, Murphy AJA, Setiloane AJA

The Labour Appeal Court held that section 158(1)(h) of the LRA empowers the Labour Court to review decisions taken by the State as employer on grounds permissible in law, including legality, rationality, and reasonableness. The Court found that the presiding officer's decision in the disciplinary hearing, which imposed a sanction less than dismissal for serious dishonesty and fraudulent misrepresentation by a senior law enforcement official, was irrational and unreasonable. The employment relationship was irretrievably broken down, and the only appropriate sanction was dismissal. The Court re…

Source excerpt

  • Section 158 1 H Lra
  • Disciplinary Sanction Review
  • Administrative Action
  • Legality And Rationality
  • Collective Agreement
  • Dishonesty And Misconduct
Read case analysis
Labour Law [2014] ZALAC 107

Marius v Overstrand Municipality (CA24/2013)

Marius v Overstrand Municipality (CA24/2013) [2014] ZALAC 107 (25 September 2014)

Court
Labour Appeal Court
Case number
CA24/2013
Judges
Musi JA, Murphy AJA, Setiloane AJA

The Labour Appeal Court held that the Labour Court has jurisdiction under section 158(1)(h) of the LRA to review decisions taken by presiding officers in disciplinary hearings, even where such decisions are made under a collective agreement. The Court found that such decisions may constitute administrative action or, at minimum, are reviewable on grounds of legality, rationality, and reasonableness, as permitted by law. The Court rejected the appellant's argument that the Constitutional Court's decisions in Chirwa and Gcaba overruled Ntshangase, finding that those cases did not address sectio…

Source excerpt

  • Review Of Disciplinary Ruling
  • Section 158 1 H Lra
  • Administrative Action
  • Sanction For Dishonesty
  • Legality And Rationality
Read case analysis

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.