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South Africa Case Law

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Commercial And Corporate [2021] ZAGPJHC 63

Airport Inn and Suites (Pty) Limited v Strydom (2020/28545)

Airport Inn and Suites (Pty) Limited v Strydom (2020/28545) [2021] ZAGPJHC 63 (7 May 2021)

Court
South Gauteng High Court, Johannesburg
Case number
2020/28545
Judge
L.J. du Bruyn

The court found that the applicant's refusal to renew the lease was unreasonable. The reasons advanced at the time—irreconcilable differences over the lease, the respondent's urgent application, and residential rent arrears—were either not connected to the commercial lease or were not valid grounds for refusal. The respondent was contractually entitled to renew, and the applicant's failure to comply with the Consumer Protection Act's notice requirements did not automatically convert the lease to a month-to-month arrangement but reinforced the respondent's renewal right. The applicant failed t…

Source excerpt

  • Commercial Lease Renewal
  • Consumer Protection Act
  • Reasonableness Of Refusal
  • Arrear Rent Claim
  • Eviction Application
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Labour Law [2013] ZALAC 19

Astrapak Manufacturing Holdings (Pty) Ltd t/a East Rand Plastics v Chemical Energy, Paper, Printing, and Allied Workers Union (JA 40/2012)

Astrapak Manufacturing Holdings (Pty) Ltd t/a East Rand Plastics v Chemical Energy, Paper, Printing, and Allied Workers Union (JA 40/2012) [2013] ZALAC 19; (2014) 35 ILJ 140 (LAC); [2013] 12 BLLR 1194 (LAC) (22 August 2013)

Court
Labour Appeal Court
Case number
JA 40/2012
Judges
Davis, Tlaletsi, Molemela

The Labour Appeal Court held that the majority of the respondent's members were offered alternative employment with either increased or equivalent basic wages, and improved shift arrangements that reduced travel and eliminated unsafe night shifts. The refusal of these offers was unreasonable, particularly as the employees were aware of impending wage increases under the new industrial agreement. The abolition of overtime did not render the offers unreasonable, as overtime is not a right. Therefore, under section 41(4) of the BCEA, those employees who unreasonably refused reasonable alternativ…

Source excerpt

  • Dismissal For Operational Requirements
  • Severance Pay
  • Basic Conditions Of Employment Act
  • Alternative Employment Offer
  • Retrenchment Consultation
  • Reasonableness Of Refusal
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.