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South Africa Case Law

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Delict [2023] ZAGPJHC 114

Zwane obo Nthando v Member Of The Executive Council For Health,Gauteng Province (34058/2015)

Zwane obo Nthando v Member Of The Executive Council For Health,Gauteng Province (34058/2015) [2023] ZAGPJHC 114 (10 February 2023)

Leave to appeal was granted in a medical negligence matter involving a baby’s stroke, missing hospital records, and disputes over documentary evidence.

  • Medical Negligence
  • Admission Of Evidence
  • Weight Of Evidence
  • Missing Hospital Records
  • Medical-negligence
  • Leave-to-appeal
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Labour Law [2015] ZALCD 58

Department of Health v HOSPERSA obo Ince and Others (D549/13)

Department of Health v HOSPERSA obo Ince and Others (D549/13) [2015] ZALCD 58 (24 September 2015)

The Labour Court dismissed a late review of an arbitration award, finding no reviewable irregularity in the arbitrator’s acceptance of the employee’s version and reinstatement order.

  • Unfair Dismissal
  • Review Of Arbitration Award
  • Condonation Of Late Filing
  • Gross Irregularity
  • Weight Of Evidence
  • Review-of-arbitration-award
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Labour Law [2015] ZALCPE 5

Bashe v Commission for Conciliation, Mediation and Arbitration and Others (P420/12)

Bashe v Commission for Conciliation, Mediation and Arbitration and Others (P420/12) [2015] ZALCPE 5 (27 January 2015)

The Labour Court found that the commissioner had properly considered the principal issue of substantive fairness of the applicant's dismissal, evaluated the facts, and provided reasonable reasons for preferring the third respondent's version. The commissioner made justified credibility findings and considered the seriousness of the misconduct, the breach of disciplinary rules, and the destruction of the trust relationship. The applicant's grounds for review were based on a piecemeal approach and did not demonstrate that the award fell outside the bounds of reasonableness. The court held that…

  • Unfair Dismissal
  • Review Of Arbitration Award
  • Credibility Of Witnesses
  • Substantive Fairness
  • Weight Of Evidence
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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.