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South Africa Case Law

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Labour Law [2017] ZALCJHB 467

Public Servants Association of South Africa obo Motapanyane v Premier: Free State Province and Another (JS867/2006)

Public Servants Association of South Africa obo Motapanyane v Premier: Free State Province and Another (JS867/2006) [2017] ZALCJHB 467 (1 December 2017)

Court
Labour Court Johannesburg
Case number
JS867/2006
Judge
Prinsloo

The Labour Court found that a shop steward participated in an unprotected strike at an essential-service hospital and held that dismissal was substantively fair.

  • Unprotected Strike
  • Substantive Fairness
  • Shop Steward Dismissal
  • Disciplinary Consistency
  • Code Of Good Practice
  • Essential Services
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Labour Law [2014] ZALCJHB 221

NEHAWU obo Mpahle and Others v Department Of Health (Free State) (JS437/2007)

NEHAWU obo Mpahle and Others v Department Of Health (Free State) (JS437/2007) [2014] ZALCJHB 221 (23 June 2014)

Court
Labour Court Johannesburg
Case number
JS437/2007
Judge
Lagrange

Labour Court upheld the dismissal of NEHAWU shop stewards for participating in an unprotected strike in an essential service and inciting others.

  • Unprotected Strike
  • Essential Service
  • Shop Steward Dismissal
  • Procedural Fairness
  • Consistency Of Sanction
  • Recusal Of Chairperson
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Labour Law [2008] ZALC 85

South African Transport and Allied Workers Union and Others v Ikhwezi Bus Service (Pty) Limited (D235/03)

South African Transport and Allied Workers Union and Others v Ikhwezi Bus Service (Pty) Limited (D235/03) [2008] ZALC 85; [2008] 10 BLLR 995 (LC) ; (2009) 30 ILJ 205 (LC) (11 July 2008)

Court
Labour Court
Case number
D235/03
Judge
A Van Niekerk

The court held that the employer's selection of certain employees for dismissal based on prior individual warnings was substantively unfair when the misconduct in question was collective. The parity principle, as established by the Appellate Division and applied in subsequent judgments, prohibits differentiation in sanction for collective misconduct based on individual disciplinary records. The selection of shop stewards for dismissal was also found to be unjustified, as their alleged breach of trust was not the subject of any disciplinary charge or inquiry, and the breakdown of trust, if any…

Source excerpt

  • Unfair Dismissal
  • Parity Principle
  • Collective Misconduct
  • Disciplinary Sanctions
  • Compensation
  • Shop Steward Dismissal
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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.