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South Africa Case Law

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Labour Law [2024] ZALCJHB 392

Orical Environmental Services (Pty) Ltd v Maimane N.O (JR2190/23)

Orical Environmental Services (Pty) Ltd v Maimane N.O (JR2190/23) [2024] ZALCJHB 392 (4 October 2024)

Court
Labour Court Johannesburg
Case number
JR 2190/23
Judge
P Naidoo

The commissioner failed to apply his mind to all relevant factors in the rescission application, considering only the explanation for default and disregarding the applicant's prospects of success in defending the unfair dismissal claim. This constitutes a material misdirection. The Labour Court, having access to the full record, found that the applicant demonstrated both an intention to defend the dispute and a bona fide defence. No reasonable decision maker would have refused rescission in these circumstances. The rescission ruling is therefore reviewed and set aside, and substituted with an…

Source excerpt

  • Rescission Of Award
  • Default Judgment
  • Unfair Dismissal
  • Good Cause
  • Review Under Section 158
  • Prospects Of Success
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Labour Law [2019] ZALCJHB 82

National Union of Mineworkers v Essential Services Committee and Others (JR 1147/16)

National Union of Mineworkers v Essential Services Committee and Others (JR 1147/16) [2019] ZALCJHB 82 (10 April 2019)

Court
Labour Court Johannesburg
Case number
JR 1147/16
Judge
Tlhotlhalemaje

The Labour Court found that the ESC had developed and applied a legally sound test for determining minimum services, consistent with constitutional, statutory, and international standards. The ESC considered the evidence and submissions, including job profiles and operational needs, and reasonably concluded that the five Human Resources positions at Eskom are critical to maintaining essential services and public safety. NUM's approach, seeking to exclude all such positions from minimum services, was inconsistent with prior agreements and the integrated nature of Eskom's operations. The ESC's…

Source excerpt

  • Minimum Services Determination
  • Essential Services
  • Right To Strike
  • Labour Relations Act
  • Review Under Section 158
  • Promotion Of Administrative Justice Act
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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.