South Africa Case Law

Magongwa v East London Industrial Development Zone (SOC) Ltd (EL466/15 ; ECD: 866/15)

Magongwa v East London Industrial Development Zone (SOC) Ltd (EL466/15 ; ECD: 866/15) [2020] ZAECELLC 8 (28 May 2020)

Court

Eastern Cape High Court, East London Local Court

Case number

EL466/15 ; ECD: 866/15

Judge

B R Tokota

The court found that the withdrawal of delegated powers from the plaintiff was a temporary and limited measure, intended to address a cash flow crisis and improve operational efficiency. The evidence did not support the plaintiff's contention that she was stripped of her duties or that the withdrawal was directed at her alone. The CEO retained the authority to delegate and withdraw functions as necessary, and the plaintiff continued to perform her duties during the relevant period. The court held that there was no repudiation of the employment contract, as the defendant's conduct did not obje…

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• Repudiation Of Employment Contract
• Protected Disclosure Act
• Occupational Detriment
• Whistleblowing
• Breach Of Confidentiality
• Damages For Unlawful Dismissal

Ekhamanzi Springs (Pty) Ltd v Mnomiya (DA2/13)

Ekhamanzi Springs (Pty) Ltd v Mnomiya (DA2/13) [2014] ZALAC 38; [2014] 8 BLLR 737 (LAC); (2014) 35 ILJ 2388 (LAC) (13 May 2014)

Court

Labour Appeal Court

Case number

DA2/13

Judges

Molemela, Ndlovu, Sutherland

The Labour Appeal Court found that the respondent was dismissed by the appellant when she was denied access to the workplace due to her pregnancy and the employer failed to intervene. The employer's refusal to accept her tender of services constituted a repudiation of the employment contract. The Mission's code of conduct, which prohibited unwed pregnant women from entering the premises, was not binding on the respondent and was discriminatory. The employer's acquiescence in the landlord's discriminatory practice amounted to an automatically unfair dismissal under section 187(1)(e) of the LRA…

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• Automatically Unfair Dismissal
• Pregnancy Discrimination
• Employer Obligation To Accept Tender Of Service
• Repudiation Of Employment Contract
• Section 187 Lra
• Common Law Employment Duties

National Union of Metalworkers of South Africa and Others v Abancedisi Labour Services (857/12)

National Union of Metalworkers of South Africa and Others v Abancedisi Labour Services (857/12) [2013] ZASCA 143; (2013) 34 ILJ 3075 (SCA); [2014] 2 All SA 43 (SCA); [2013] 12 BLLR 1185 (SCA) (30 September 2013)

Court

Supreme Court of Appeal

Case number

857/12

Judges

Maya, Malan, Shongwe, Pillay, Saldulker

The Supreme Court of Appeal found that the employment contract between Abancedisi and the employees was specific to the Kitsanker assignment and contained no guarantee of further work. When Kitsanker excluded the employees and replaced them, Abancedisi failed to reassign them or pay wages, effectively repudiating and breaching the employment contract. The court held that the employment relationship ended when Kitsanker no longer required the employees’ services, and Abancedisi’s conduct amounted to dismissal. The referral to the bargaining council was not premature, as it was made within the…

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• Temporary Employment Service
• Unfair Dismissal
• Compensation For Unfair Dismissal
• Automatic Termination Clause
• Repudiation Of Employment Contract

Gangat v Minister of Foreign Affairs of the Republic of South Africa (26396/2005)

Gangat v Minister of Foreign Affairs of the Republic of South Africa (26396/2005) [2013] ZAGPPHC 187 (24 January 2013)

Court

North Gauteng High Court, Pretoria

Case number

26396/2005

Judge

N.M. Mavundla

The High Court held that the plaintiff was recalled, not dismissed, from his foreign posting, and dismissed his damages claim with costs.

• Repudiation Of Employment Contract
• Public Service Act
• Unlawful Dismissal
• Procedural Fairness
• Transfer Of Public Servant
• Repudiation-of-employment-contract

Davids v Boland Rugby (Pty) Ltd (C12/10)

Davids v Boland Rugby (Pty) Ltd (C12/10) [2011] ZALCCT 69 (5 September 2011)

Court

Labour Court Cape Town

Case number

C12/10

Judge

Gush

The court found that the applicant had fully mitigated his damages by securing alternative employment with UWC and the Golden Lions Rugby Union, earning an amount that matched or exceeded the balance of his original contract with the respondent. The principle of mitigation requires that only actual loss is recoverable, and any earnings from subsequent employment must be deducted from the damages claimed. The applicant was not tendering his services to the respondent and sought cancellation of the contract, further confirming that specific performance was not at issue. As the applicant had not…

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• Contractual Damages
• Mitigation Of Loss
• Repudiation Of Employment Contract
• Specific Performance

Khulani Fidelity Services Group v Commission for Conciliation Mediation and Arbitration and Others (JR783/07)

Khulani Fidelity Services Group v Commission for Conciliation Mediation and Arbitration and Others (JR783/07) [2009] ZALCJHB 34 (3 February 2009)

Court

Labour Court Johannesburg

Case number

JR783/07

Judge

Molahlehi

The court found that the Commissioner’s decision was reasonable and met the standard set out in Sidumo. The Commissioner correctly applied the principles relating to desertion and repudiation, considering the facts and circumstances of the case. The employee’s absence was explained by medical certificates, and she communicated with the employer, negating any intention to desert. The dismissal was therefore substantively unfair, and the review application was dismissed.

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• Unfair Dismissal
• Desertion
• Repudiation Of Employment Contract
• Review Of Arbitration Award

Khulani Fidelity Services Group v Commission for Conciliation, Mediation and Arbitration and Others (JR 783/07)

Khulani Fidelity Services Group v Commission for Conciliation, Mediation and Arbitration and Others (JR 783/07) [2009] ZALC 17; [2009] 7 BLLR 664 (LC) (3 February 2009)

Court

Labour Court

Case number

JR 783/07

Judge

molahlehi

The court found that the Commissioner's decision was reasonable and met the standard set out in Sidumo. The Commissioner correctly applied the principles relating to desertion and repudiation of employment contracts. The employee's submission of medical certificates and her communication with the employer indicated no intention to desert her employment. The applicant's reliance on circumstantial evidence was inconsistent, and the dismissal was found to be substantively unfair. The review application was dismissed as the Commissioner had properly considered the facts and circumstances of the c…

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• Unfair Dismissal
• Desertion
• Review Of Arbitration Award
• Condonation
• Repudiation Of Employment Contract

Council for Scientific and Industrial Research v Fijen (314/94)

Council for Scientific and Industrial Research v Fijen (314/94) [1995] ZASCA 143; 1996 (2) SA 1 (SCA); [1996] 2 All SA 379 (A); [1996] 6 BLLR 685 (AD); (1996) 17 ILJ 18 (A) (24 November 1995)

Court

Supreme Court of Appeal

Case number

314/94

Judges

Van Heerden, Smalberger, Van den Heever, Harms, Olivier

The court held that the employee’s correspondence destroyed trust and confidence and justified dismissal. The appeal was upheld and the labour award set aside.

• Unfair Dismissal
• Repudiation Of Employment Contract
• Procedural Fairness
• Trust And Confidence
• Disciplinary Code
• Unfair-dismissal