South Africa Case Law

Worldwide Staffing (Pty) Ltd v Metal And Engineering Industries and Others (JR1367-23)

Worldwide Staffing (Pty) Ltd v Metal And Engineering Industries and Others (JR1367-23) [2024] ZALCJHB 67; (2024) 45 ILJ 1128 (LC) (12 February 2024)

Court

Labour Court Johannesburg

Case number

JR1367/23

Judge

J.A. Wehncke

The court found that the Third and Fourth Respondents admitted to joining a group carrying offensive placards in violation of picketing rules and crossing designated picketing lines. Their defence that they did not physically hold the placards was irrelevant, as they failed to actively distance themselves from the misconduct. The arbitrator misconstrued the nature of the enquiry by focusing on whether the respondents merely witnessed the misconduct, rather than their association with it. The evidence showed that their conduct was destructive of the trust required in the employment relationshi…

Source excerpt

• Unfair Dismissal
• Collective Misconduct
• Protected Strike
• Picketing Rules
• Substantive Fairness
• Risk Management

HT De Jager Properties CC v National Home Builders Registration Council (30954/2006)

HT De Jager Properties CC v National Home Builders Registration Council (30954/2006) [2008] ZAGPHC 315 (1 February 2008)

Court

High Courts - Gauteng

Case number

30954/2006

Judge

Hartzenberg

The High Court reviewed and set aside NHBRC decisions requiring guarantees for late enrolment of a housing project, finding the demand unreasonable.

• Housing Consumers Protection Measures Act
• Late Enrolment Of Building Projects
• Administrative Reasonableness
• Risk Management
• Guarantees And Sureties
• Administrative-law