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South Africa Case Law

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Labour Law [2023] ZALCCT 51

NUMSA obo Ngqulu and Another v Eskom SOC Ltd and Others (C411/2020)

NUMSA obo Ngqulu and Another v Eskom SOC Ltd and Others (C411/2020) [2023] ZALCCT 51 (22 August 2023)

Labour Court review dismissed: dismissal for unauthorised possession and removal of scrap cable was upheld despite flaws in the arbitrator’s reasoning.

  • Unfair Dismissal
  • Unauthorised Possession
  • Disciplinary Procedure
  • Review Of Arbitration Award
  • Unfair-dismissal
  • Unauthorised-possession
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Labour Law [2020] ZALCJHB 46

Anglogold Ashanti Limited v Association of Mineworkers and Construction Union obo Dlungane and Others (JR2099/16)

Anglogold Ashanti Limited v Association of Mineworkers and Construction Union obo Dlungane and Others (JR2099/16) [2020] ZALCJHB 46 (20 February 2020)

The Labour Court set aside a CCMA award, holding that the commissioner misconceived the enquiry and that Dlungane’s dismissal was substantively fair.

  • Unfair Dismissal
  • Circumstantial Evidence
  • Burden Of Proof
  • Disciplinary Code
  • Unauthorised Possession
  • Precious Metals Act
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Labour Law [2018] ZALAC 32

Qalinga v Commission for Conciliation Mediation and Arbitration and Others (PA5/17)

Qalinga v Commission for Conciliation Mediation and Arbitration and Others (PA5/17) [2018] ZALAC 32; [2019] 1 BLLR 40 (LAC) (17 October 2018)

The Labour Appeal Court found that the arbitrator's decision to uphold the dismissal was reasonable and supported by the evidence. The appellant had sole practical access to the storeroom and concealed company stock in various locations, which could not be satisfactorily explained. The absence of an express rule about concealment was immaterial, as the conduct fell under the established prohibition against unauthorised possession. The appellant's persistent acts of dishonesty, lack of remorse, and the trust-based nature of his position justified the sanction of dismissal, despite his long ser…

  • Unauthorised Possession
  • Dishonesty In Employment
  • Dismissal For Misconduct
  • Arbitration Review
  • Trust And Confidence
  • Sanction For Misconduct
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Labour Law [2016] ZALCJHB 181

Air Chefs (Pty) Ltd v Bargaining Council for the Restaurant, Catering and Allied Trades and Others (JR740/14)

Air Chefs (Pty) Ltd v Bargaining Council for the Restaurant, Catering and Allied Trades and Others (JR740/14) [2016] ZALCJHB 181 (17 May 2016)

The Labour Court reviewed and set aside an arbitration award after finding the employee's denial insufficient against corroborated evidence of possession and failure to report.

  • Review Of Arbitration Award
  • Gross Dishonesty
  • Unauthorised Possession
  • Failure To Report Misconduct
  • Rule 11 Dismissal Application
  • Labour-law
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Labour Law [2015] ZALCJHB 234

Massbuild (Pty) Ltd t/a Builders Warehouse v Commission for Conciliation, Mediation And Arbitration and Others (JR1685/12)

Massbuild (Pty) Ltd t/a Builders Warehouse v Commission for Conciliation, Mediation And Arbitration and Others (JR1685/12) [2015] ZALCJHB 234 (4 August 2015)

The Labour Court set aside a CCMA award after finding the commissioner unreasonably rejected proof that the employee possessed company property without authorisation.

  • Unfair Dismissal
  • Review Of Arbitration Award
  • Procedural Fairness
  • Unauthorised Possession
  • Remedies For Unfair Dismissal
  • Unfair-dismissal
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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.