South Africa Case Law

Lomeza Mining Services v Commission For Conciliation Mediation And Arbitration and Others (JR1547/21)

Lomeza Mining Services v Commission For Conciliation Mediation And Arbitration and Others (JR1547/21) [2024] ZALCJHB 295 (12 August 2024)

Court

Labour Court Johannesburg

Case number

JR1547/21

Judge

Lagrange

Labour Court reviewed an arbitration award, finding the commissioner unreasonably rejected misconduct findings and wrongly treated the employee’s absence as authorised.

• Unfair Dismissal
• Review Of Arbitration Award
• Substantive Fairness
• Misappropriation Of Property
• Unauthorised Absenteeism
• Review-of-arbitration-award

Blessing v Commission for Conciliation, Mediation and Arbitration and Others (JR1186/22)

Blessing v Commission for Conciliation, Mediation and Arbitration and Others (JR1186/22) [2024] ZALCJHB 51 (31 January 2024)

Court

Labour Court Johannesburg

Case number

JR1186/22

Judge

Schäfer-King

The Labour Court dismissed a review of an arbitration award upholding a dismissal for repeated absenteeism, finding the award reasonable under Sidumo.

• Unfair Dismissal
• Review Of Arbitration Award
• Progressive Discipline
• Unauthorised Absenteeism
• Review-of-arbitration-award
• Unfair-dismissal

Monawu v JDG Trading (Pty) Ltd t/a Hi-Fi Corporation (JS613/08)

Monawu v JDG Trading (Pty) Ltd t/a Hi-Fi Corporation (JS613/08) [2014] ZALCJHB 503 (8 December 2014)

Court

Labour Court Johannesburg

Case number

JS613/08

Judge

Lagrange

The court found that the applicant failed to establish a necessary connection between her pregnancy or a pregnancy-related condition and the reason for her dismissal. The medical certificate explaining her absence was only received by the employer after the disciplinary hearing had already taken place. There was insufficient evidence to support the applicant's claim that the employer was aware of her pregnancy-related illness at the time of dismissal or that any communication regarding her condition reached the relevant decision-makers. The dismissal was based on unauthorised absenteeism, not…

Source excerpt

• Automatically Unfair Dismissal
• Pregnancy Discrimination
• Unauthorised Absenteeism
• Maternity Leave
• Jurisdiction Of Labour Court

Motsaathebe v Juries-Van Staden NO and Others (JR1138/08)

Motsaathebe v Juries-Van Staden NO and Others (JR1138/08) [2013] ZALCJHB 240 (3 October 2013)

Court

Labour Court Johannesburg

Case number

JR1138/08

Judge

R Lagrange

The Labour Court dismissed a review of an arbitration award, holding that the arbitrator reasonably found the dismissal for unauthorised absenteeism procedurally and substantively fair.

• Unfair Dismissal
• Review Of Arbitration Award
• Unauthorised Absenteeism
• Procedural Fairness
• Substantive Fairness
• Review-of-arbitration-award