Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.
Results update automatically as you type.
South Africa decisions
Decisions matching the current search
Tshwane University of Technology v Naidoo and Others (JR516/23) [2025] ZALCJHB 312 (7 July 2025)
Labour Court review of a CCMA award concerning non-renewal of a fixed-term contract and alleged dismissal under section 186(1)(b) of the LRA.
Competition Commission v Coca-Cola Beverages Africa (Pty) Ltd (194/CAC//Oct21) [2022] ZACAC 4; (2022) 43 ILJ 1971 (CAC); [2022] 2 CPLR 22 (CAC) (17 June 2022)
The Competition Appeal Court held that the Tribunal erred in its interpretation of section 27(1)(c) and Rule 39(2)(b), which confer ordinary review powers, not a special or hybrid review akin to an appeal. The correct review standard is lawfulness, reasonableness, and procedural fairness. The Tribunal further erred by misallocating the evidentiary burden, which rests on the merging party (CCBA) to prove substantial compliance with merger conditions. The Court endorsed the objective test for merger specificity from BB Investment, requiring a nexus between retrenchments and the incentives of th…
Source excerpt
Melembe v Commission for Conciliation, Mediation and Arbitration and Others (JR 811/2018) [2020] ZALCJHB 230 (26 October 2020)
The court found that the applicant, a senior and sophisticated employee, voluntarily signed the separation agreement after being presented with options, including suspension and disciplinary enquiry. The evidence did not support claims of duress, coercion, or intimidation sufficient to vitiate consent. The Commissioner correctly concluded that there was no dismissal and that the termination of employment was by mutual agreement. The CCMA therefore lacked jurisdiction to entertain the dispute. The review application failed as the applicant did not discharge the onus to prove dismissal or coerc…
Source excerpt
POPCRU obo Nkuna v Safety and Security Sectoral Bargaining Council and Others (JR933/17) [2020] ZALCJHB 106 (22 June 2020)
The Labour Court refused condonation for a late review application, finding the explanation for delay incomplete and the prospects of success limited.
Buta v CCMA Pretoria and Others (JR2333/18) [2019] ZALCJHB 233 (29 August 2019)
The Labour Court dismissed an unopposed review of a CCMA commissioner’s refusal to condone a late unfair dismissal referral, finding the decision was reasonable.
Moses Kotane Local Municipality v Mokonyama NO and Another (JR2324/15) [2019] ZALCJHB 196 (14 August 2019)
The Labour Court dismissed an application for leave to appeal, finding no reasonable prospects of success and holding that the review judgment was not shown to be wrong.
Festus v Department of Health (Western Cape) and Others (C106/15) [2018] ZALCCT 33 (18 September 2018)
The Labour Court dismissed a late application for condonation and leave to appeal, finding the delay excessive, the explanation poor, and no reasonable prospects of success.
Makade v Public Health And Social Development Sectoral Bargianing Council and Others (PA2/2012) [2014] ZALAC 43 (19 August 2014)
The Labour Appeal Court found that the appellant's suspension was lifted by the letter dated 11 February 2004, and he was repeatedly instructed to report for duty at a new post. His refusal to do so, despite warnings that failure would be regarded as abscondment, constituted absence without permission for more than one month. The requirements of section 17(5)(a)(i) of the Public Service Act were met, resulting in termination of employment by operation of law, not dismissal. The Bargaining Council lacked jurisdiction to adjudicate the dispute, as the employment relationship had ended automatic…
Source excerpt
Explore more
