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South Africa Case Law

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Labour Law [2010] ZALCJHB 345

Enviroserv Waste Management (Pty) Ltd v Sogiba and Others (J1043/09)

Enviroserv Waste Management (Pty) Ltd v Sogiba and Others (J1043/09) [2010] ZALCJHB 345 (26 October 2010)

The Labour Court dismissed a long-delayed application and barred further proceedings over a 2001 settlement agreement, citing lack of diligent prosecution and prejudice.

  • Delay In Prosecution
  • Voluntary Termination
  • Settlement Agreement
  • Referral To Oral Evidence
  • Delay-in-prosecution
  • Settlement-agreement
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Labour Law [2010] ZALC 300

Enviroserv Waste Management (Pty) Ltd v Sogiba and Others (J1043/09)

Enviroserv Waste Management (Pty) Ltd v Sogiba and Others (J1043/09) [2010] ZALC 300 (26 October 2010)

The Labour Court dismissed a long-delayed labour application, finding the respondents had not prosecuted it diligently and barring further proceedings on the settlement agreement.

  • Delay In Prosecution
  • Settlement Agreement
  • Referral To Oral Evidence
  • Lis Pendens
  • Severance Pay
  • Voluntary Termination
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Labour Law [2002] ZALC 71

Chiloane and Others v Rema Tip Top Industrial (Pty) Ltd (J5981/01)

Chiloane and Others v Rema Tip Top Industrial (Pty) Ltd (J5981/01) [2002] ZALC 71; [2002] 11 BLLR 1066 (LC) (27 August 2002)

The Labour Court held that the applicants voluntarily signed full-and-final settlement agreements and accepted retrenchment packages, so there was no dismissal.

  • Unfair Retrenchment
  • Voluntary Termination
  • Full And Final Settlement
  • Section 186 Lra
  • Consensual Termination
  • Labour-law
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Labour Law [2002] ZALC 115

Visser and Another v Henred Fruehauf Trailers (Pty) Ltd (J5460/00)

Visser and Another v Henred Fruehauf Trailers (Pty) Ltd (J5460/00) [2002] ZALC 115 (7 February 2002)

The Labour Court held that the applicant failed to prove he was dismissed. The meeting was part of consultation, and the claim was dismissed with costs.

  • Onus Of Proving Dismissal
  • Retrenchment Procedure
  • Voluntary Termination
  • Section 189 Consultation
  • Labour-law
  • 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.