Esheria South Africa Case Law
Sign in
South Africa Source-linked decisions Coverage checked

South Africa Case Law

Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.

Courts on this page
2 court collections
Last checked

Search and filter South Africa case law

Results update automatically as you type.

South Africa decisions

Decisions matching the current search

Clear filters
Labour Law [2015] ZALCCT 2

Helderberg International Importers (Pty) Ltd v McGahey NO and Others (C02/2014)

Helderberg International Importers (Pty) Ltd v McGahey NO and Others (C02/2014) [2015] ZALCCT 2; [2015] 4 BLLR 430 (LC); (2015) 36 ILJ 1586 (LAC) (23 January 2015)

Court
Labour Court Cape Town
Case number
C02/2014
Judge
Rabkin-Naicker

The court held that section 190(1) of the LRA does not apply to constructive dismissal disputes, as the termination of employment in such cases is determined by the employee's decision to cease providing services. In this matter, Herskovitz continued to work and receive remuneration until the end of his notice period, and the employment relationship subsisted at the date of referral to the CCMA. Therefore, the referral was premature, and the CCMA lacked jurisdiction to conciliate or arbitrate the dispute. The arbitration award was set aside, but the third respondent is not precluded from refe…

Source excerpt

  • Constructive Dismissal
  • Jurisdiction Of Ccma
  • Premature Referral
  • Section 190 Lra
  • Section 191 Lra
Read case analysis
Labour Law [2009] ZALC 126

Chabeli v Commission for Conciliation, Mediation and Arbitration and Others (JR2241/08)

Chabeli v Commission for Conciliation, Mediation and Arbitration and Others (JR2241/08) [2009] ZALC 126; (2010) 31 ILJ 1343 (LC) ; [2010] 4 BLLR 389 (LC) (22 December 2009)

Court
Labour Court
Case number
JR2241/08
Judge
Molahlehi

The Labour Court held that the applicant's referral of the unfair dismissal dispute to the CCMA was late, as his employment terminated when he left the respondent's employ, not when he received his payslip. The applicant failed to provide any explanation for the delay in his condonation application, which is a critical requirement for condonation. Furthermore, the applicant did not establish the existence of a constructive dismissal, as he did not set out the basis for his allegation nor provide supporting evidence. The onus to prove constructive dismissal rests with the employee, and the app…

Source excerpt

  • Condonation For Late Referral
  • Constructive Dismissal
  • Jurisdiction Of Ccma
  • Section 190 Lra
  • Section 192 Lra
Read case analysis

About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.