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South Africa Case Law

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Labour Law [2014] ZALCD 70

True Blue Foods (Pty) Ltd t/a Kentucky Fried Chicken (KFC) v Commission for Conciliation Mediation And Arbitration and Others (D441/11)

True Blue Foods (Pty) Ltd t/a Kentucky Fried Chicken (KFC) v Commission for Conciliation Mediation And Arbitration and Others (D441/11) [2014] ZALCD 70; [2015] 2 BLLR 194 (LC); (2015) 36 ILJ 1375 (LC) (28 November 2014)

Court
Labour Court Durban
Case number
D441/11
Judge
Shai

The court found that the arbitrator misunderstood and misapplied the legal principles governing team misconduct. The arbitrator erroneously required proof of individual culpability, whereas established case law holds that in cases of team misconduct, it is sufficient that employees are members of a team that collectively failed to meet its obligations. The facts demonstrated significant stock losses, repeated warnings, and the impossibility of the losses occurring without the team members' awareness or involvement. The arbitrator's decision fell outside the range of reasonable outcomes and wa…

Source excerpt

  • Team Misconduct
  • Stock Loss
  • Substantive Fairness
  • Review Of Arbitration Award
  • Collective Liability
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Delict [2011] ZAGPPHC 126

Italtile Ceramics Ltd v Dhayalan Chockanathan Chetty and Another (34660/2009)

Italtile Ceramics Ltd v Dhayalan Chockanathan Chetty and Another (34660/2009) [2011] ZAGPPHC 126 (13 July 2011)

Court
North Gauteng High Court, Pretoria
Case number
34660/2009
Judge
Makgoka

The court found that the defendant, as joint venture partner and manager, breached his duty by extending unauthorized credit, manipulating stock records, and rolling stock through false entries in the SAP system. These actions were contrary to the plaintiff's cash-and-carry policy and resulted in substantial stock losses. The defendant failed to provide a plausible explanation for his conduct, and the evidence supported the inference that his actions caused patrimonial loss to the plaintiff. The court held that criminal intent is not required for condictio furtiva in civil law; wrongful handl…

Source excerpt

  • Condictio Furtiva
  • Joint Venture Liability
  • Stock Loss
  • Fraudulent Misrepresentation
  • Patrimonial Loss
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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.