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Choane v Skinner N.O and Others (JR1188/16) [2025] ZALCJHB 92 (5 March 2025)
The Labour Court dismissed a review of an arbitration award, holding that the applicant failed to prove an unfair labour practice or any reviewable irregularity.
Minister of Justice and Correctional Services and Others v Tshifhango and Another (JA63/2017) [2019] ZALAC 32; [2019] 7 BLLR 627 (LAC); (2019) 40 ILJ 1773 (LAC) (13 March 2019)
Section 38(1)(a) of the Public Service Act is clear and unambiguous: the executive authority is obliged to correct an incorrect salary level, scale or reward awarded to an employee, with effect from the date on which it commenced, and the provision does not require consultation or a hearing prior to correction. The Labour Court erred in interpreting the principle of legality as imposing a procedural fairness requirement where the statute is silent. The disputes of fact regarding whether the respondents were correctly or incorrectly graded could not be resolved on the papers and should have be…
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