South Africa Case Law

Epibiz (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (JR 616/18)

Epibiz (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (JR 616/18) [2023] ZALCJHB 207; (2023) 44 ILJ 2226 (LC); [2023] 11 BLLR 1188 (LC) (17 July 2023)

Court

Labour Court Johannesburg

Case number

JR 616/18

Judge

S Sethene

Labour Court upheld a review of a CCMA award, finding the arbitrator’s decision unreasonable and substituting a finding that the dismissal was fair.

• Dismissal For Incapacity
• Procedural Fairness
• Substantive Fairness
• Arbitration Review
• Medical Certificates
• Code Of Good Practice

National Union of Metalworkers of South Africa (NUMSA) and Others v Kaefer Energy Projects (Pty) Limited (JS567/2018)

National Union of Metalworkers of South Africa (NUMSA) and Others v Kaefer Energy Projects (Pty) Limited (JS567/2018) [2021] ZALCJHB 280; (2022) 43 ILJ 181 (LC) (7 September 2021)

Court

Labour Court Johannesburg

Case number

JS567/2018

Judge

P Nkutha-Nkontwana

The court found that the applicant employees, save for one, engaged in a concerted work stoppage on 12 June 2017 in pursuit of a demand to withdraw a new shift schedule, which constituted an unprotected strike under section 213 of the Labour Relations Act. Their subsequent collective absence on 4 July 2017, justified by medical certificates, was deemed unauthorised as the certificates were inadmissible hearsay without supporting affidavits from the issuing doctors. The applicants failed to provide credible explanations for their simultaneous absence, and their conduct was viewed as a delibera…

Source excerpt

• Unprotected Strike
• Procedural Fairness
• Substantive Fairness
• Admissibility Of Evidence
• Medical Certificates
• Breach Of Good Faith

ABSA Bank Ltd v Van Der Walt N.O. and Another (99/17575)

ABSA Bank Ltd v Van Der Walt N.O. and Another (99/17575) [2000] ZAGPHC 31 (27 November 2000)

Court

High Courts - Gauteng

Case number

99/17575

Judge

Willis

The High Court refused a further postponement in a bank claim, holding that the late medical evidence was insufficient and costs should follow.

• Postponement Of Trial
• Medical Certificates
• Costs Award
• Civil-procedure
• Trial-postponement
• Medical-evidence