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South Africa Case Law

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Administrative Law [2017] ZAGPPHC 1144

Feni v The Pan South African Language Board and Another (25170/2016)

Feni v The Pan South African Language Board and Another (25170/2016) [2017] ZAGPPHC 1144 (27 June 2017)

The High Court dismissed a challenge to PanSALB’s CEO appointment, finding the advertisement lawful, the appointment reasonable, and the contract valid.

  • Appointment Of Ceo
  • Review Of Administrative Action
  • Condonation
  • Performance Agreement
  • Employment Contract Validity
  • Executive-appointment
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Labour Law [2014] ZALCJHB 147

Capricorn District Municipality v Mostuki (J2764/2013)

Capricorn District Municipality v Mostuki (J2764/2013) [2014] ZALCJHB 147 (5 May 2014)

The Labour Court rectified a municipal employment contract to reflect a five-year fixed term, finding erroneous dates in the contract did not match the parties’ common intention.

  • Rectification Of Contract
  • Fixed Term Employment
  • Performance Agreement
  • Municipal Systems Act
  • Contractual Intention
  • Rectification-of-contract
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Labour Law [2013] ZALCJHB 179

Retlaobaka v Lekwa Municipality and Another (J 20/13)

Retlaobaka v Lekwa Municipality and Another (J 20/13) [2013] ZALCJHB 179 (5 August 2013)

The Labour Court dismissed an application for leave to appeal, holding that the applicant was not validly appointed and that the suspension regulations did not apply.

  • Valid Appointment
  • Performance Agreement
  • Disciplinary Regulations
  • Fixed Term Contract
  • Leave To Appeal
  • Leave-to-appeal
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Labour Law [2007] ZAECHC 65

Dwane-Alpman v Premier, Eastern Cape (485/2007)

Dwane-Alpman v Premier, Eastern Cape (485/2007) [2007] ZAECHC 65; (2008) 29 ILJ 541 (E) (31 July 2007)

The court found that a valid and binding contract of employment existed between the applicant and the Premier, Eastern Cape, despite the absence of a finalized performance agreement. It was an implied term that the applicant would perform duties assigned by the Premier until such agreement was concluded. The Premier's reliance on the right to terminate during probation without a hearing was misplaced, as the applicable regulations and the Labour Relations Act required procedural fairness, including a hearing before dismissal. The applicant was not afforded such a hearing, rendering the dismis…

  • Unfair Dismissal
  • Procedural Fairness
  • Interim Interdict
  • Public Service Act
  • Performance Agreement
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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.