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South Africa decisions
Decisions matching the current search
Burrie Smit Ontwikkelaars (Pty) Ltd v Rustenburg Local Municipality (Leave to Appeal) (2868/2008) [2024] ZANWHC 35 (15 February 2024)
The court granted leave to appeal and cross-appeal on issues of interest and costs arising from an expropriation compensation order.
American Products Services (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (JR2507/15) [2020] ZALCJHB 113; [2021] 1 BLLR 64 (LC) (15 July 2020)
The Court found that the Applicant's suspension of the Third Respondent without pay was both substantively and procedurally unfair. The suspension was a holding operation pending investigation, not a disciplinary sanction, and there was no agreement or justification for withholding pay. The Applicant failed to provide evidence of a justifiable reason to deny workplace access or to conduct the suspension without pay. The Second Respondent's award was reasonable and supported by established legal principles, including the requirement for procedural fairness and the unlawfulness of unpaid precau…
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Edumbe Municipality v Putini and Others (DA20/16) [2019] ZALAC 74; (2020) 41 ILJ 891 (LAC); [2020] 5 BLLR 496 (LAC) (11 December 2019)
The Labour Appeal Court held that Putini’s suspension was unfair, but reduced compensation from nine months’ pay to R120,000 after finding the original award excessive.
Jacobs (In re: the farm Uap) v Department of Land Affairs; Jacobs (In re: Erf 38) v Department of Land Affairs (1284/16; 982/2017) [2019] ZASCA 122 (26 September 2019)
The Supreme Court of Appeal held that the Land Claims Court correctly determined compensation by applying the principles set out in Florence v Government of the Republic of South Africa. The financial loss at the time of dispossession, adjusted by the Consumer Price Index, is the appropriate measure for equitable redress under the Restitution of Land Rights Act. The appellant's approach, seeking compensation based on current market value and loss of use, was rejected as inconsistent with the statutory framework and Constitutional Court authority. The hardship suffered by the September family…
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Indico Risk Services CC v CCMA and Others (JR2731/16) [2019] ZALCJHB 141 (4 February 2019)
The Labour Court dismissed a review of a CCMA arbitration award, finding no reviewable irregularity and upholding four months’ compensation for unfair dismissal.
Kgobe v Commission for Conciliation Mediation and Arbitration and Others (JR1988/17) [2018] ZALCJHB 228 (20 June 2018)
The Labour Court refused condonation for a late review of a CCMA award, finding the explanation for the seven-month delay inadequate and the review prospects poor.
Genrec Engineering (Pty) Ltd v Metal and Engineering Industries Bargaining Council and Others (JR1284/12) [2016] ZALCJHB 213; (2016) 37 (ILJ) 2649 (LC) (17 June 2016)
Labour Court review of an arbitration award on back pay after reinstatement. The court upheld a retrospective back-pay award and dismissed the employer’s review.
Denner v CCMA and Others (C69/09) [2013] ZALCCT 49 (4 November 2013)
The court held that the commissioner exercised her discretion appropriately in determining the quantum of compensation for unfair dismissal. She considered all relevant factors, including the short duration between the applicant's acceptance of the offer and the withdrawal, the applicant's own actions in releasing clients prior to the conclusion of the contract, and the lack of evidence linking the alleged financial losses to the respondent's conduct. The court found that the commissioner did not misconceive her duties or mandate, and that her decision was one that a reasonable arbitrator cou…
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Multisol SA (Pty) Limited v Commission for Conciliation, Mediation and Arbitration and Others (C266/2009) [2010] ZALCCT 43 (30 November 2010)
Labour Court review of a CCMA award dismissed. The court upheld findings that the employee had not breached fiduciary duties and that dismissal was unfair.
Marumo v Commission for Conciliation Mediation and Arbitration and Others (JR241/03) [2003] ZALC 178 (24 October 2003)
The Labour Court reviewed an unfair dismissal compensation award, upheld the challenge, and substituted 12 months’ remuneration based on the correct salary.
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