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South Africa decisions
Decisions matching the current search
Luanga v Perthpark Properties Ltd (A99/2018) [2018] ZAWCHC 169; 2019 (3) SA 214 (WCC) (20 September 2018)
The court held that one month’s notice under s 5(5) of the Rental Housing Act must expire at month-end, so the eviction notice was invalid and the appeal succeeded.
Workforce Group v Commission for Conciliation, Mediation and Arbitration and Others (JR3088/11) [2015] ZALCJHB 62 (27 February 2015)
Labour Court review set aside a CCMA award for ignoring material facts, failing to give reasons, and misreading the fixed-term employment dispute.
Immaculata Secondary School v Bvuma and Another (2012/25786) [2012] ZAGPJHC 168 (24 August 2012)
The court found that the respondents breached their employment contracts by failing to provide adequate notice before resigning, which would result in significant prejudice to the applicant and the learners. The respondents freely entered into their contracts and were aware of the notice requirements. The court rejected the argument that enforcing the notice periods would constitute forced labour or an unjust restraint of trade, noting that the respondents would be paid their full salaries during the notice period and that no irretrievable breakdown in the employment relationship was shown. T…
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Oasis Group Holdings (Pty) Ltd v Bardien (C968/2010) [2010] ZALCCT 24 (1 November 2010)
The Labour Court held that an employee’s sick leave does not suspend a notice period, and dismissed an urgent bid to extend employment for a disciplinary hearing.
South African Music Rights Organisation Ltd v Mphatsoe (J 595/08) [2009] ZALC 34; [2009] 7 BLLR 696 (LC); (2009) 30 ILJ 2482 (LC) (23 March 2009)
The Labour Court held that a contractual “calendar month” notice period ran to month-end, but dismissed SAMRO’s damages claim for lack of proven loss.
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