South Africa Case Law

Nogcantsi v Mnquma Local Municipality and Others (PA07/15)

Nogcantsi v Mnquma Local Municipality and Others (PA07/15) [2016] ZALAC 54; (2017) 38 ILJ 595 (LAC); [2017] 4 BLLR 358 (LAC) (22 November 2016)

Court

Labour Appeal Court

Case number

PA07/15

Judges

Coppin, Landman, Phatshoane

The court held that the appellant's employment was terminated by operation of the automatic termination clause in his contract, which was triggered by an objectively negative vetting outcome provided by the SAPS. This termination was not the result of any deliberate act or decision by the employer aimed at ending the employment relationship, but rather the fulfilment of a contractual condition to which the appellant had freely agreed. The clause did not deprive the appellant of rights under the LRA, nor did it constitute an impermissible attempt to contract out of statutory protections agains…

Source excerpt

• Automatic Termination Clause
• Dismissal Definition
• Vetting And Screening
• Section 192 Lra
• Contractual Conditions
• Unfair Dismissal

Visko Sea Products (Pty) Ltd v Fourie and Others (PR01/13)

Visko Sea Products (Pty) Ltd v Fourie and Others (PR01/13) [2015] ZALCPE 9 (13 February 2015)

Court

Labour Court Port Elizabeth

Case number

PR01/13

Judge

Lallie

The arbitrator committed a gross irregularity by failing to apply section 192(1) of the Labour Relations Act, which requires the employee to establish the existence of a dismissal. Instead, the arbitrator based his decision on the applicant's failure to prove that the employee had resigned. This misapplication of the law rendered the award reviewable and a nullity. As a result, the arbitration award was set aside and the matter remitted for arbitration de novo before a different arbitrator.

Source excerpt

• Unfair Dismissal
• Review Of Arbitration Award
• Onus Of Proof
• Section 192 Lra

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

Janda v First National Bank (JS511/04)

Janda v First National Bank (JS511/04) [2006] ZALC 84; [2006] 12 BLLR 1156 (LC); (2006) 27 ILJ 2627 (LC) (1 September 2006)

Court

Labour Court

Case number

JS511/04

Judge

D Van Zyl

The Labour Court held that the employer bore the overall onus to prove fairness in an automatically unfair dismissal dispute and refused absolution.

• Automatically Unfair Dismissal
• Racial Discrimination
• Burden Of Proof
• Section 187 Lra
• Section 192 Lra
• Automatically-unfair-dismissal