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South Africa Case Law

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Labour Law [2024] ZALCJHB 187

Tabane v Railway Safety Regulator (JS435/23)

Tabane v Railway Safety Regulator (JS435/23) [2024] ZALCJHB 187 (8 May 2024)

The Labour Court held it had jurisdiction over a contractual breach claim arising from probation-related dismissal and dismissed the respondent’s exception.

  • Breach Of Employment Contract
  • Probation Policy
  • Jurisdiction Of Labour Court
  • Exception Procedure
  • Breach-of-employment-contract
  • Probation-policy
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Labour Law [2019] ZAGPPHC 993

Baloyi v Officer of The Public Prosecutor and Others (84053/19)

Baloyi v Officer of The Public Prosecutor and Others (84053/19) [2019] ZAGPPHC 993 (12 December 2019)

The court found that the applicant's claims, although framed as constitutional and contractual, are essentially labour disputes as envisaged by the Labour Relations Act. The employment contract and relevant policy documents explicitly reference the LRA as the mechanism for resolving disputes regarding termination and probation. The court applied the principles from Chirwa, Gcaba, and Hendricks, holding that the High Court's jurisdiction is ousted where the matter falls within the exclusive jurisdiction of the Labour Court under section 157(1) of the LRA. The applicant's allegations regarding…

  • Jurisdiction Of High Court
  • Unfair Dismissal
  • Probation Policy
  • Contractual Claims
  • Constitutional Obligations
  • Exclusive Labour Court Jurisdiction
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