South Africa Case Law

Mahasha v BT Interior Dsgn (Pty) Ltd (J867/15)

Mahasha v BT Interior Dsgn (Pty) Ltd (J867/15) [2018] ZALCJHB 438 (8 June 2018)

Court

Labour Court Johannesburg

Case number

J867/15

Judge

M M Baloyi

The Labour Court found that while it had jurisdiction to adjudicate the applicant's contractual damages claim under section 77A(3) of the BCEA, the applicant failed to prove entitlement to damages. The contract was subject to a probation period, and the applicant did not provide evidence that she would have passed probation and secured the full 31-month contract. Furthermore, no quantum of damages was substantiated, and there was no evidence of mitigation or actual loss. The prior CCMA settlement resolved the unfair dismissal dispute but did not bar the contractual claim. However, in the abse…

Source excerpt

• Breach Of Employment Contract
• Probation Period
• Damages Quantification
• Jurisdiction Of Labour Court
• Settlement Agreement

Senekal v Ancro Building Projects CC (JS 1090/13)

Senekal v Ancro Building Projects CC (JS 1090/13) [2015] ZALCJHB 132 (15 April 2015)

Court

Labour Court Johannesburg

Case number

JS 1090/13

Judge

Tlhotlhalemaje

Labour Court held that the applicant did not prove her dismissal was because of pregnancy; the evidence showed dismissal for poor performance.

• Automatically Unfair Dismissal
• Pregnancy Discrimination
• Burden Of Proof
• Performance Incompetence
• Section 187 Lra
• Probation Period

South Gold Exploration v Commission for Conciliation Mediation and Arbitration and Others (JR2068/09)

South Gold Exploration v Commission for Conciliation Mediation and Arbitration and Others (JR2068/09) [2013] ZALCJHB 12; (2013) 34 ILJ 2327 (LC) (6 February 2013)

Court

Labour Court Johannesburg

Case number

JR2068/09

Judge

J Mothibi

The Labour Court reviewed and set aside a CCMA award, finding the arbitrator ignored key evidence and misdirected himself on probation and dismissal fairness.

• Unfair Dismissal
• Arbitration Review
• Procedural Fairness
• Substantive Fairness
• Mine Health And Safety
• Probation Period

Havenga and Another v Equity Aviation Services (Pty) Ltd (J 288/04)

Havenga and Another v Equity Aviation Services (Pty) Ltd (J 288/04) [2004] ZALC 26 (9 March 2004)

Court

Labour Court

Case number

J 288/04

Judge

Pakade

The Labour Court found that forcing long-serving employees onto new contracts with probation and longer hours amounted to less favourable terms and granted urgent reinstatement.

• Unfair Dismissal
• Protected Strike
• Lockout
• Probation Period
• Urgent Interdict
• Unfair-dismissal

Atholhurst School v Koorts N.O. (JR 1482/01)

Atholhurst School v Koorts N.O. (JR 1482/01) [2002] ZALC 66; (2002) 23 ILJ 2052 (LC) (8 August 2002)

Court

Labour Court

Case number

JR 1482/01

Judge

Maserumule AJ

Labour Court review of an unfair dismissal award. The court set aside compensation, found notice pay due, and substituted a two-week notice pay order.

• Unfair Dismissal
• Compensation Award
• Probation Period
• Notice Pay
• Review Of Arbitration Award
• Unfair-dismissal