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South Africa Case Law

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Labour Law [2014] ZALCJHB 36

Shoprite Checkers v Commission for Conciliation Mediation And Arbitration and Others (JR2259/11)

Shoprite Checkers v Commission for Conciliation Mediation And Arbitration and Others (JR2259/11) [2014] ZALCJHB 36 (13 February 2014)

Labour Court review dismissed after finding the employer relied mainly on inadmissible hearsay to justify a dismissal.

  • Admissibility Of Hearsay Evidence
  • Review Of Arbitration Award
  • Onus Of Proof In Dismissal
  • Sidumo Test
  • Procedural Fairness
  • Labour-law
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Labour Law [2006] ZALC 33

NUM and Another v Tokiso Dispute Settlement (Pty) Ltd and Others (JR654/ 03)

NUM and Another v Tokiso Dispute Settlement (Pty) Ltd and Others (JR654/ 03) [2006] ZALC 33; [2006] 8 BLLR 729 (LC); (2006) 27 ILJ 1193 (LC) (3 February 2006)

The Labour Court reviewed and set aside an arbitration award after finding the commissioner committed a gross irregularity in handling the dismissal dispute.

  • Review Of Arbitration Award
  • Gross Irregularity
  • Onus Of Proof In Dismissal
  • Procedural Fairness
  • Medical Certificate As Defence
  • Review-of-arbitration-award
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Labour Law [2001] ZALC 74

NUMSA and Another v CCMA and Others (J2816/98)

NUMSA and Another v CCMA and Others (J2816/98) [2001] ZALC 74; [2002] 7 BLLR 632 (LC) (23 May 2001)

The Labour Court dismissed a review of a CCMA award, holding that the applicants failed to prove a dismissal and that no reviewable irregularity was shown.

  • Review Of Arbitration Award
  • Onus Of Proof In Dismissal
  • Misconduct Of Arbitrator
  • Labour-law
  • Ccma-review
  • Dismissal-disputes
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Labour Law [2001] ZALC 8

Anglogold Ltd v Mthombeni and Others (J2662/00)

Anglogold Ltd v Mthombeni and Others (J2662/00) [2001] ZALC 8 (31 January 2001)

The court held that the applicant failed to establish any of the grounds for review under section 33(1) of the Arbitration Act. The arbitrator's decision was based on the evidence presented, which did not sufficiently prove that the gold concentrate was the company's property or that the employee was in possession of it. The arbitrator's reasoning, even if erroneous, did not amount to misconduct, gross irregularity, or mala fides. The charge against the employee was not proven on a balance of probabilities, and the arbitrator's conclusion was not grossly unreasonable. The application to set a…

  • Review Of Arbitration Award
  • Misconduct By Arbitrator
  • Onus Of Proof In Dismissal
  • Substantive Fairness
  • Mining Rights Act
  • Private Arbitration
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Labour Law [2000] ZALC 8

Cementation (African Contractors) (Pty) Ltd v Commission for Conciliation Mediation and Arbitration and Others (J1526/99)

Cementation (African Contractors) (Pty) Ltd v Commission for Conciliation Mediation and Arbitration and Others (J1526/99) [2000] ZALC 8 (29 February 2000)

Labour Court review of a CCMA award was dismissed. The court found no gross irregularity in case management, evidence assessment, jurisdiction, or reinstatement.

  • Review Of Arbitration Award
  • Onus Of Proof In Dismissal
  • Constructive Dismissal
  • Procedural Fairness
  • Fixed Term Contracts
  • Labour-law
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