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South Africa Case Law

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Labour Law [2021] ZALCJHB 429

MCG Industries (Pty) Ltd v Mpanza and Others (JS685/19)

MCG Industries (Pty) Ltd v Mpanza and Others (JS685/19) [2021] ZALCJHB 429 (5 November 2021)

The Labour Court dismissed a late referral because no condonation application was brought, holding that it lacked jurisdiction to hear the dispute.

  • Condonation
  • Jurisdiction
  • Late Referral
  • Section 189 Dismissal
  • Severance Payments
  • Late-referral
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Labour Law [1997] ZALC 4

Nawa and Another v Department of Trade and Industry (J343/97)

Nawa and Another v Department of Trade and Industry (J343/97) [1997] ZALC 4 (27 June 1997)

The court found that the decentralisation programme proposed by the respondents did not infringe the applicants' rights under the Labour Relations Act, as it did not affect their terms and conditions of employment nor constitute an unfair labour practice as defined in Schedule 7, Item 2(1)(b). The restructuring fell within the employer's managerial prerogative. The allegations of victimisation were not substantiated by concrete evidence and did not warrant an interdict. The application failed on both grounds and was dismissed. No order as to costs was made, following guidelines from Num v Erg…

  • Unfair Labour Practice
  • Managerial Prerogative
  • Victimisation
  • Interdict
  • Restructuring
  • Section 189 Dismissal
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