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South Africa decisions
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Wilcocks v Khawula N.O and Others (D 2158/2018) [2022] ZALCD 4 (1 March 2022)
Review of an incapacity dismissal award. The Labour Court held the arbitrator misdirected himself by treating medical boarding as discretionary and reinstated the applicant.
Life Healthcare Group t/a Eugene Marais Hospital v Hlatshwako NO and Others (JR2991/12; J209/13) [2015] ZALCJHB 202; [2015] 10 BLLR 1027 (LC); (2015) 36 ILJ 2886 (LC) (10 July 2015)
The court held that, although there are strong indications that the referral to the CCMA was out of time and no condonation application was made, it is bound by the Labour Appeal Court's decision that failure to raise the condonation issue timeously is fatal to the jurisdictional challenge. The court further found that whether Ms Mathonsi was dismissed or her employment was terminated by agreement is a jurisdictional issue that must be determined by the Labour Court itself. The record did not provide sufficient evidence to make a final determination on this point, and both parties must be aff…
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Director-General: Office of the Premier of the Western Cape and Another v South African Medical Association obo Broen and Others (CA 5/2011) [2013] ZALAC 9 (26 April 2013)
The Labour Appeal Court confirmed Dr Broens’ unfair dismissal and replaced reinstatement with 12 months’ compensation because no suitable non-clinical post was proven.
Dlamine v Road Accident Fund (10/39907) [2012] ZAGPJHC 13 (21 February 2012)
High Court RAF damages case arising from a serious motor collision, with awards for general damages, future loss of earnings, and medical expenses.
Director-General: Office of the Premier of the Western Cape and Another v South African Medical Association obo Broens and Others (C420/2007) [2010] ZALCCT 38 (26 November 2010)
The Labour Court held that Dr Broens’s employment did not end by operation of law under the Public Service Act and dismissed the review of the arbitration award.
Director-General: Office of the Premier of the Western Cape and Another v South African Medical Association obo Broens and Others (C420/2007) [2010] ZALC 204; (2011) 32 ILJ 1077 (LC) (26 November 2010)
The court found that the termination of Dr Broens' employment was a dismissal and not a discharge by operation of law under section 17(5)(a)(i) of the Public Service Act. The Department failed to establish that the employee was absent without permission, as it was actively considering his redeployment and medical boarding. The Bargaining Council had jurisdiction by consent of the parties, and the jurisdictional point was not pursued at arbitration. The arbitrator's award was not unreasonable, nor did he exceed his powers by ordering reinstatement in a non-clinical equivalent post, as this was…
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G v Minister of Safety and Security and Another (D495/06) [2010] ZALC 312 (18 June 2010)
The Labour Court granted absolution from the instance in a sexual harassment claim, finding the applicant failed to prove harassment or SAPS vicarious liability.
G v Minister of Safety & Security and Another (D495/06) [2010] ZALCD 15 (18 June 2010)
Labour Court held the applicant failed to prove sexual harassment in a consensual workplace relationship, granted absolution, and ordered costs against her.
Strydom v Witzenberg Municipality (C558/2006) [2008] ZALC 68; (2008) 29 ILJ 2947 (LC) (9 May 2008)
Review of an incapacity dismissal was dismissed. The Labour Court held the municipality acted reasonably, and the employee did not tender work or show a viable alternative.
Rikhotso v MEC for Education (JS 1152/02) [2004] ZALC 83; [2005] 3 BLLR 278 (LC); (2004) 25 ILJ 2385 (LC) (11 November 2004)
The Labour Court held that the educator’s medical boarding application was lawfully refused, his absence became unauthorised, and his deemed discharge stood.
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