South Africa Case Law

IBM South Africa (Pty) Ltd v Commission for Conciliation, Meditation and Arbitration (CCMA) and Others (JR64/2014)

IBM South Africa (Pty) Ltd v Commission for Conciliation, Meditation and Arbitration (CCMA) and Others (JR64/2014) [2016] ZALCJHB 151 (19 April 2016)

Court

Labour Court Johannesburg

Case number

JR64/2014

Judge

Hawyes

The Labour Court reviewed and set aside a CCMA award, finding a probationary dismissal substantively fair but procedurally unfair and awarding compensation.

• Probationary Dismissal
• Procedural Fairness
• Substantive Fairness
• Compensation Award
• Reinstatement
• Arbitration Review

South African Football Association v Mangope (JA13/11)

South African Football Association v Mangope (JA13/11) [2012] ZALAC 27; (2013) 34 ILJ 311 (LAC) (7 September 2012)

Court

Labour Appeal Court

Case number

JA13/11

Judges

Waglay, Tlaletsi, Murphy

The Labour Appeal Court found that the appellant failed to establish any genuine dispute of fact regarding the respondent's performance, as the answering affidavit did not meaningfully deny or challenge the respondent's factual averments. The respondent's performance was not proven to be unsatisfactory, and the appellant did not follow the evaluation procedure required by the contract. The termination was therefore unlawful and constituted a breach of contract. However, the Labour Court erred in awarding damages for the full unexpired period of the contract without considering contingencies a…

Source excerpt

• Breach Of Employment Contract
• Damages Quantification
• Probationary Dismissal
• Application Proceedings
• Mitigation Of Loss

Fleming v Ngwenya N.O and Others (J2381/98)

Fleming v Ngwenya N.O and Others (J2381/98) [1999] ZALC 159 (28 October 1999)

Court

Labour Court

Case number

J2381/98

Judge

E Revelas

Review application succeeded where the Labour Court set aside a compensation award for a probationary employee after finding the arbitrator ignored evidence of training and counselling.

• Review Of Arbitration Award
• Probationary Dismissal
• Compensation Award
• Poor Performance
• Procedural Fairness
• Probationary-dismissal