South Africa Case Law

Dladla v Motor Industries Bargaining Council (JR761/22)

Dladla v Motor Industries Bargaining Council (JR761/22) [2024] ZALCJHB 260 (4 July 2024)

Court

Labour Court Johannesburg

Case number

JR761/22

Judge

D Short

The court found that the applicants were given clear and repeated lawful instructions to vacate the canteen and return to work, which they openly defied. Their conduct constituted gross insubordination and riotous behaviour under the employer's disciplinary code. The commissioner properly considered the evidence, including the applicants' shift allocations and the authorization of the meeting, and made rational findings. The applicants failed to prove that the instructions were unlawful or that the commissioner committed a gross irregularity. The sanction of dismissal was appropriate given th…

Source excerpt

• Unfair Dismissal
• Gross Insubordination
• Disciplinary Code
• Arbitration Review
• Riotous Behaviour

Nelson v Minister of Safety and Security (304/06)

Nelson v Minister of Safety and Security (304/06) [2007] ZAECHC 40 (14 June 2007)

Court

High Courts - Eastern Cape

Case number

304/06

Judges

Jones, Schoeman

The High Court dismissed an appeal in a wrongful arrest and detention claim, upholding the magistrate’s acceptance of the police version and finding the arrest lawful.

• Wrongful Arrest
• Unlawful Detention
• Riotous Behaviour
• Public Drunkenness
• Constitutional Rights
• Police Powers