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South Africa decisions
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Sampson v South African Post Office SOC Limited (J2106/15) [2017] ZALCJHB 145; (2017) 38 ILJ 2368 (LC) (10 May 2017)
The Labour Court held that setting aside a section 188A dismissal award revives the employment contract retrospectively, entitling the employee to backpay.
Du Plessis v Nevhutalu obo Cape Peninsula University of Technology and Another (C817/2014) [2014] ZALCCT 63 (18 November 2014)
The court found that the process leading to the applicant's dismissal did not meet the statutory requirements for a pre-dismissal arbitration under section 188A of the Labour Relations Act. The applicant did not consent to a pre-dismissal arbitration in respect of the specific allegations, and the necessary procedural steps—such as appointment of an arbitrator by an accredited agency and payment of the prescribed fee—were not followed. The disciplinary hearing was chaired by an independent external chairperson, but this did not convert the process into a statutory pre-dismissal arbitration. C…
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South African Transport and Allied Workers Union and Others v MSC Depots (Pty) Ltd and Others (D 449/2011) [2012] ZALCD 10; (2013) 34 ILJ 706 (LC) (16 July 2012)
The Labour Court set aside dismissals that followed an internal hearing, holding the employer was bound to use section 188A pre-dismissal arbitration.
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