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South Africa Case Law

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Labour Law [2025] ZALCJHB 254

Forbay and Others v University of South Africa (J493819)

Forbay and Others v University of South Africa (J493819) [2025] ZALCJHB 254 (20 June 2025)

The Labour Court dismissed a discrimination claim by four UNISA managers, finding no proof of race or gender-based harassment, victimisation, or unfair treatment.

  • Employment Equity Act
  • Unfair Discrimination
  • Harassment
  • Burden Of Proof
  • Performance Appraisal
  • Disciplinary Procedure
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Labour Law [2023] ZALCJHB 5

Adapt (Pty) Ltd v Maseko and Others (JR701/2019)

Adapt (Pty) Ltd v Maseko and Others (JR701/2019) [2023] ZALCJHB 5 (13 January 2023)

The court found that while the applicant's failure to conduct a performance appraisal for the first respondent and to formally communicate her ineligibility for a salary increase and bonus was unfair, the compensation awarded by the commissioner was excessive given the subsequent dismissal for poor performance. The CCMA had jurisdiction to determine the unfair labour practice claim but exceeded its jurisdiction in awarding contractual claims for salary increase and bonus, as the first respondent's earnings were above the statutory threshold. The award was reviewed and set aside, and the appli…

  • Unfair Labour Practice
  • Discretionary Bonus
  • Performance Appraisal
  • Ccma Jurisdiction
  • Condonation
  • Contractual Claims
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