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Louw v Engirex (Pty) Ltd and Others (1629/ 2020) [2021] ZANCHC 39 (30 July 2021)
The High Court discharged an interim interdict and ordered the applicant to pay the first and second respondents’ costs after finding the relief had become unnecessary.
National Union Of Mineworkers and Others v Coin Security (Pty) Ltd t/a Protea Coin Group (C592/2007) [2010] ZALCCT 16 (19 July 2010)
The court found that, although the Labour Appeal Court in Khulani Fidelity Security Services accepted that dismissal for operational requirements may be permissible where polygraph testing is a condition of employment, the present case was distinguishable. The respondent failed to demonstrate that polygraph test results constituted a fair and objective selection criterion for dismissal under section 189 of the LRA. Expert evidence showed that polygraph tests are unreliable and cannot be used as the sole basis for dismissal. The applicants would have been substantially successful had the matte…
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