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Fermel (Pty) Ltd v Talane NO and Others (JR2545/14) [2019] ZALCJHB 83 (4 April 2019)
Labour Court review of a CCMA award on dismissal for negligence. Unfair dismissal and reinstatement were upheld, but back-pay was reduced from 12 months to two months.
Nkambule and Another v National Bargaining Council for the Chemical Industries and Others (JR1391/14) [2017] ZALCJHB 100 (29 March 2017)
The Labour Court dismissed a review of an unfair labour practice award concerning job grading, retrospective back-pay, and level 2A placement.
Mokhele and Others v Schmidt NO and Another (JS564/11) [2016] ZALCJHB 196; (2016) 37 (ILJ) 2662 (LC) (19 May 2016)
The court found that the business of Archstone Manufacturing (Pty) Ltd was transferred as a going concern to Paving Warehouse CC, as the substance of the transaction involved the continuation of the same business, products, premises, and workforce, despite the form being a purchase of assets. The dismissals of the applicants were effected to avoid the consequences of section 197A and were therefore automatically unfair in terms of section 187(1)(g) of the Labour Relations Act. The contracts of employment ought to have transferred automatically to the second respondent, and the applicants are…
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