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South Africa Case Law

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Labour Law [2024] ZALCJHB 148

South African Airways (SOC) Ltd v South African Cabin Crew Association obo Members and Others (J 604/23)

South African Airways (SOC) Ltd v South African Cabin Crew Association obo Members and Others (J 604/23) [2024] ZALCJHB 148 (27 March 2024)

The Labour Court granted unions leave to appeal in a review matter involving CCMA jurisdiction, section 158(1B), and costs, but made no order as to costs.

  • Unfair Labour Practice
  • Ccma Jurisdiction
  • Section 158 1b Exception
  • Costs In Labour Disputes
  • Section 189a Process
  • Ccma-jurisdiction
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Labour Law [2023] ZALCJHB 154

National Union of Metal Workers of South Africa obo Members v SAA Technical (Pty) Ltd (JS 30 /2022)

National Union of Metal Workers of South Africa obo Members v SAA Technical (Pty) Ltd (JS 30 /2022) [2023] ZALCJHB 154; (2023) 44 ILJ 2000 (LC) (31 May 2023)

The Labour Court held that an unfair dismissal dispute after section 189A facilitation still had to be conciliated before court referral, and struck the claim off roll.

  • Retrenchment
  • Conciliation Requirement
  • Jurisdiction Of Labour Court
  • Section 189a Process
  • Unfair Dismissal
  • Conciliation-requirement
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Labour Law [2023] ZALAC 2

Selvan v Crossroads Distribution (Pty) Ltd (JA 25/22)

Selvan v Crossroads Distribution (Pty) Ltd (JA 25/22) [2023] ZALAC 2; [2023] 3 BLLR 221 (LAC); (2023) 44 ILJ 1030 (LAC) (16 January 2023)

The Labour Appeal Court dismissed an employee’s appeal against a retrenchment ruling, finding no procedural challenge was open and no substantive unfairness proven.

  • Retrenchment
  • Procedural Fairness
  • Substantive Fairness
  • Section 189a Process
  • Condonation
  • Selection Criteria
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Labour Law [2017] ZALCJHB 363

Mtetwa v Howden Africa (Pty) Ltd (JS90/16)

Mtetwa v Howden Africa (Pty) Ltd (JS90/16) [2017] ZALCJHB 363 (28 September 2017)

The Labour Court held that the applicant failed to plead and prove discrimination, and that her dismissal for operational requirements was substantively fair.

  • Automatically Unfair Dismissal
  • Operational Requirements Retrenchment
  • Discrimination
  • Selection Criteria
  • Section 189a Process
  • Automatically-unfair-dismissal
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.