South Africa Case Law

Shoba v Commission for Conciliation, Mediation and Arbitration and Others (JR 1047/19)

Shoba v Commission for Conciliation, Mediation and Arbitration and Others (JR 1047/19) [2021] ZALCJHB 161 (28 June 2021)

Court

Labour Court Johannesburg

Case number

JR 1047/19

Judge

G N Moshoana

Labour Court dismissed a review of a CCMA award, holding the arbitrator’s findings on probation, unfair labour practice, and fairness were reasonable.

• Unfair Labour Practice
• Probation Termination
• Performance Assessment
• Procedural Fairness
• Collective Agreement Applicability
• Unfair-labour-practice

Gauteng Tourism Authority v Nchabeleng and Others (JR2493/18)

Gauteng Tourism Authority v Nchabeleng and Others (JR2493/18) [2020] ZALCJHB 34 (14 February 2020)

Court

Labour Court Johannesburg

Case number

JR 2493/18

Judge

Tlhotlhalemaje

Labour Court dismissed a review of board recommendations about a company secretary post, finding the impugned decision was never implemented and was moot.

• Ultra Vires
• Probation Termination
• Unlawful Appointment
• Review Of Administrative Action
• Ccma Jurisdiction
• Labour-law

National Institute for the Humanities and Social Sciences (NIHSS) v Lephoto and Another (JA36/2018)

National Institute for the Humanities and Social Sciences (NIHSS) v Lephoto and Another (JA36/2018) [2019] ZALAC 65; [2020] 3 BLLR 257 (LAC) (12 September 2019)

Court

Labour Appeal Court

Case number

JA36/2018

Judges

Davis, Coppin, Kathree-Setiloane

Labour Appeal Court held that the CFO did not make a protected disclosure under the PDA and upheld the dismissal of his unfair dismissal claim.

• Protected Disclosure
• Automatic Unfair Dismissal
• Probation Termination
• Public Finance Management Act
• Occupational Detriment
• Protected-disclosure

Morgan v Central University of Technology, Free State (J244/2011)

Morgan v Central University of Technology, Free State (J244/2011) [2012] ZALCJHB 85; [2013] 1 BLLR 52 (LC); (2013) 34 ILJ 938 (LC) (28 August 2012)

Court

Labour Court Johannesburg

Case number

J244/2011

Judge

Daniels AJ

The court found that the employment contract required the respondent to provide the applicant with three calendar months' written notice of termination, regardless of whether the termination occurred during the probation period. The contract's language and context supported this interpretation, and the respondent's failure to provide adequate notice constituted a breach. The applicant was not entitled to damages beyond the notice period, as he failed to prove harm after securing alternative employment and did not demonstrate damages beyond the three months. The court held that the applicant's…

Source excerpt

• Breach Of Employment Contract
• Contractual Damages
• Notice Period
• Mitigation Of Damages
• Probation Termination