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South Africa decisions
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Pringle v Mailula (773/23) [2024] ZASCA 146; 2025 (1) SACR 117 (SCA) (25 October 2024)
The Supreme Court of Appeal held that further evidence was properly received under the Protection from Harassment Act and reinstated the protection order.
Anglo American Platinum Amandelbut Complex (Pty) Ltd v Pooe and Others (JR2428/16) [2018] ZALCJHB 453; [2019] 6 BLLR 556 (LC) (7 September 2018)
The court found that the applicant's preliminary objections regarding the authority and hearsay nature of the answering affidavit were without merit, as the union was entitled to act on behalf of its member and the confirmatory affidavit cured any technical defect. On the merits, the court held that the commissioner correctly found that the applicant failed to properly inform Mr Pooe of the details of the racial slur allegation, and that convicting him of a different form of discrimination would be procedurally unfair and constitute a mistrial. The commissioner’s findings on both insubordinat…
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Shoprite Checkers (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (JR475/2013) [2015] ZALCJHB 469 (3 September 2015)
The Labour Court reviewed and set aside an arbitration award reinstating an employee, finding the commissioner applied incorrect tests and an overly technical approach to misconduct.
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