South Africa Case Law

Fort v COEGA Development Corporation (Pty) Ltd and Others (PA8/16)

Fort v COEGA Development Corporation (Pty) Ltd and Others (PA8/16) [2017] ZALAC 50 (17 August 2017)

Court

Labour Appeal Court

Case number

PA 8/16

Judges

Waglay, Davis, Phatshoane

The Labour Appeal Court found that Ms Fort was not a credible witness and that she actively manipulated the recruitment process to promote the appointment of Ms Coetzer, with whom she had a personal relationship. The Court held that Ms Fort failed to disclose her involvement in enhancing Ms Coetzer’s CV and did not properly declare her conflict of interest to the interview panel. The commissioner’s failure to address material contradictions and properly evaluate the evidence amounted to a misdirection. The Court concluded that the dismissal of Ms Fort was substantively fair, as her conduct br…

Source excerpt

• Unfair Dismissal
• Conflict Of Interest
• Nepotism
• Substantive Fairness
• Credibility Of Witnesses

NUM v Commission for Conciliation Mediation And Arbitration and Others (JR 1718-12)

NUM v Commission for Conciliation Mediation And Arbitration and Others (JR 1718-12) [2014] ZALCJHB 17 (7 February 2014)

Court

Labour Court Johannesburg

Case number

JR 1718-12

Judge

Molahlehi

Labour Court dismissed a review of an unfair-dismissal arbitration award, holding the applicants failed to substantiate inconsistency and the safety breach finding was reasonable.

• Unfair Dismissal
• Inconsistent Disciplinary Action
• Review Of Arbitration Award
• Nepotism
• Health And Safety Compliance
• Labour-law

De Kock v Munisipaliteit van Villiersdorp (C141/2000)

De Kock v Munisipaliteit van Villiersdorp (C141/2000) [2001] ZALC 43; [2001] 10 BLLR 1111 (LC) (26 March 2001)

Court

Labour Court

Case number

C141/2000

Judge

A A Landman

The Labour Court found that a municipal appointment was tainted by nepotism, but denied appointment or compensation to the applicant and awarded costs.

• Unfair Labour Practice
• Nepotism
• Discrimination
• Appointment Procedure
• Costs Award
• Unfair-labour-practice