South Africa Case Law

Isaac and Others v Tswaing Local Municipality and Others (J221/22)

Isaac and Others v Tswaing Local Municipality and Others (J221/22) [2022] ZALCJHB 323 (21 November 2022)

Court

Labour Court Johannesburg

Case number

J221/22

Judge

Nkutha-Nkontwana

The court found that the applicants squandered any urgency by agreeing to a lengthy postponement for settlement discussions, despite being aware of the impending expiry of their fixed-term contracts. The prior judicial finding of urgency did not bind the court indefinitely, especially given the applicants' failure to provide a fresh explanation for urgency as required by law. The applicants did not demonstrate that they would not obtain substantial redress in the normal course. The court emphasized that breach of contract claims in employment do not inherently warrant urgent relief and that t…

Source excerpt

• Urgent Application
• Breach Of Contract
• Pre Dismissal Hearing
• Fixed Term Employment
• Joinder
• Unlawful Dismissal

Dirk Cornelius Aspeling v Nedbank Ltd (31767/2012)

Dirk Cornelius Aspeling v Nedbank Ltd (31767/2012) [2014] ZAGPJHC 316 (2 July 2014)

Court

South Gauteng High Court, Johannesburg

Case number

31767/2012

Judge

Victor

High Court exception judgment on an employment contract dispute: one amendment survived, but the claim to a common-law pre-dismissal hearing was struck down.

• Contractual Damages
• Retrenchment
• Implied Terms
• Pre Dismissal Hearing
• Exception Procedure
• Exception-procedure

Old Mutual Life Asurance Co SA Ltd v Gumbi (211/2006)

Old Mutual Life Asurance Co SA Ltd v Gumbi (211/2006) [2007] ZASCA 52; [2007] 4 All SA 866 (SCA); [2007] 8 BLLR 699 (SCA); 2007 (5) SA 552 (SCA); (2007) 28 ILJ 1499 (SCA) (17 May 2007)

Court

Supreme Court of Appeal

Case number

211/2006

Judges

Howie, Cameron, Brand, Cloete, Jafta

The SCA held that an employee who deliberately frustrates a disciplinary hearing cannot later rely on procedural unfairness to attack dismissal.

• Procedural Fairness
• Audi Alteram Partem
• Pre Dismissal Hearing
• Common Law Employment Rights
• Disciplinary Enquiry
• Waiver Of Rights