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South Africa Case Law

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Labour Law [2024] ZALCCT 6

NEHAWU obo Palweni v Department of Co Operative Governance Human Settlements and Traditional Affairs and Others (C218/2021)

NEHAWU obo Palweni v Department of Co Operative Governance Human Settlements and Traditional Affairs and Others (C218/2021) [2024] ZALCCT 6 (8 February 2024)

Court
Labour Court Cape Town
Case number
C218/2021
Judge
Rabkin-Naicker

The Labour Court set aside an arbitration award after finding the commissioner displayed bias, used inappropriate comments, and failed to fairly consider medical evidence.

  • Review Of Arbitration Award
  • Reasonable Apprehension Of Bias
  • Procedural Fairness
  • Substantive Fairness
  • Medical Incapacity
  • Remittal For Rehearing
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Criminal Law [2023] ZAGPJHC 48

S v Porritt and Another (SS40/2006)

S v Porritt and Another (SS40/2006) [2023] ZAGPJHC 48 (25 January 2023)

Court
South Gauteng High Court, Johannesburg
Case number
SS40/2006
Judge
Spilg

The court ordered Porritt to continue cross-examining the witness first, rejected indefinite delay, and required Bennett to provide medical evidence if asserting incapacity.

  • Fair Trial Rights
  • Cross Examination
  • Self Represented Accused
  • Medical Incapacity
  • Legal Aid
  • Trial Management
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Labour Law [2022] ZALCJHB 321

Harmony Gold Mining Company Limited v Commission for Conciliation Mediation and Arbitration and Others (JR2081/18)

Harmony Gold Mining Company Limited v Commission for Conciliation Mediation and Arbitration and Others (JR2081/18) [2022] ZALCJHB 321 (17 November 2022)

Court
Labour Court Johannesburg
Case number
JR2081/18
Judge
VG Mkwibiso

The Labour Court dismissed a review of a CCMA award after finding the employee’s dismissal for absenteeism was substantively unfair on the evidence.

  • Unfair Dismissal
  • Review Of Arbitration Award
  • Medical Incapacity
  • Compensation For Unfair Dismissal
  • Review-of-arbitration-award
  • Unfair-dismissal
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Labour Law [2022] ZALCD 3

Cassim v Richards Bay Minerals (D 81/2021)

Cassim v Richards Bay Minerals (D 81/2021) [2022] ZALCD 3 (28 February 2022)

Court
Labour Court Durban
Case number
D 81/2021
Judge
Van Niekerk

The Labour Court remitted an incapacity dismissal dispute to the CCMA and declined to award costs, holding that fairness favoured each party bearing its own costs.

  • Unfair Dismissal
  • Medical Incapacity
  • Jurisdiction Of Labour Court
  • Costs Awards
  • Labour-law
  • Unfair-dismissal
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Labour Law [2020] ZALCD 19

Rupee v Commission for Conciliation, Mediation and Arbitration and Others (D83/17)

Rupee v Commission for Conciliation, Mediation and Arbitration and Others (D83/17) [2020] ZALCD 19 (14 December 2020)

Court
Labour Court Durban
Case number
D83/17
Judge
Cele

Labour Court review of a dismissal for incapacity. The court held the commissioner failed to consider the real issue of reasonable accommodation and reinstated the applicant.

  • Unfair Dismissal
  • Incapacity
  • Arbitration Review
  • Reasonable Accommodation
  • Medical Incapacity
  • Incapacity-dismissal
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Labour Law [2016] ZALCJHB 555

NUM obo Nefolo-Vhodwe v Commission for Conciliation, Mediation and Arbitration and Others (JR2449/14)

NUM obo Nefolo-Vhodwe v Commission for Conciliation, Mediation and Arbitration and Others (JR2449/14) [2016] ZALCJHB 555 (7 November 2016)

Court
Labour Court Johannesburg
Case number
JR2449/14
Judge
Cele

Labour Court review of an unfair dismissal award dismissed. The court held the commissioner correctly treated the matter as misconduct, not medical incapacity, and the dismissal was fair.

  • Unfair Dismissal
  • Medical Incapacity
  • Misconduct
  • Review Of Arbitration Award
  • Unfair-dismissal
  • Medical-incapacity
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Labour Law [2012] ZALCJHB 99

Mondlane v MEC: Mpumalanga Department of Education (J2039/10)

Mondlane v MEC: Mpumalanga Department of Education (J2039/10) [2012] ZALCJHB 99 (19 September 2012)

Court
Labour Court Johannesburg
Case number
J2039/10
Judge
Vatalidis

The court held that suspending an educator’s remuneration was unlawful on the facts, and ordered payment of arrears, benefits, costs, and suitable placement.

  • Employment Of Educators Act
  • Unlawful Suspension
  • Remuneration Dispute
  • Medical Incapacity
  • Condonation
  • Unopposed Application
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Labour Law [2012] ZALCCT 2

Booysen v Minister of Safety and Security and Others, Petros NO v Joubert NO and Others (C 60/08, C 307/09)

Booysen v Minister of Safety and Security and Others, Petros NO v Joubert NO and Others (C 60/08, C 307/09) [2012] ZALCCT 2; [2012] 5 BLLR 446 (LC); (2012) 33 ILJ 1132 (LC) (25 January 2012)

Court
Labour Court Cape Town
Case number
C 60/08, C 307/09
Judge
Steenkamp

The Labour Court dismissed SAPS’s review, upheld the internal appeal, and held Booysen should be reinstated after a disciplinary hearing was wrongly allowed to proceed.

  • Legality Review
  • Disciplinary Procedure
  • Medical Incapacity
  • Internal Appeal
  • Unfair Dismissal
  • Legality-review
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Labour Law [2001] ZALC 64

Du Toit v Free State Consolidated Gold Mine (Operations) Ltd (J901/98)

Du Toit v Free State Consolidated Gold Mine (Operations) Ltd (J901/98) [2001] ZALC 64 (30 April 2001)

Court
Labour Court
Case number
J901/98
Judge
E Revelas

The Labour Court dismissed a retrenchment dismissal challenge, accepting that the employer complied with section 189 and that the applicant was unsuitable for shift work.

  • Retrenchment
  • Section 189 Procedure
  • Fair Dismissal
  • Collective Agreement
  • Medical Incapacity
  • Section-189
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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.