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South Africa Case Law

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Labour Law [2024] ZALAC 35

Monareng v Dr JS Moroka Municipality (JA46/22)

Monareng v Dr JS Moroka Municipality (JA46/22) [2024] ZALAC 35; [2024] 10 BLLR 1029 (LAC); (2024) 45 ILJ 2689 (LAC) (3 July 2024)

Court
Labour Appeal Court
Case number
JA46/22
Judges
Savage, Van Niekerk, Nkutha-Nkontwana

The Labour Appeal Court found that the Municipality failed to provide a valid council resolution and power of attorney authorising opposition to the appeal and the application for further evidence, as required by Rule 6(2) of the Labour Appeal Court Rules. Consequently, the matter proceeded unopposed. The Court admitted further evidence showing that the section 139(1)(b) intervention ended on 31 March 2021, which meant Mr Mhlanga no longer had authority as Administrator when he refused to consent to the withdrawal of Mr Monareng's resignation. The refusal was therefore ultra vires and void. T…

Source excerpt

  • Authority Of Attorneys
  • Municipal Manager Powers
  • Section 139 Intervention
  • Principle Of Legality
  • Withdrawal Of Resignation
  • Admission Of Further Evidence
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Labour Law [2020] ZALCJHB 71

Matlole v Mafube Local Municipality and Others (J 421/2020)

Matlole v Mafube Local Municipality and Others (J 421/2020) [2020] ZALCJHB 71 (6 May 2020)

Court
Labour Court Johannesburg
Case number
J 421/2020
Judge
Van Niekerk

The court found that the applicant's resignation was clear, unequivocal, and accepted by the employer, rendering it final and incapable of withdrawal without the employer's consent. The applicant's claim that the resignation was induced by the MEC was denied and not substantiated. The applicant was paid up to the last day of employment, and no further remuneration was due. The requirements for interim relief were not met, as the applicant failed to establish a clear or prima facie right. The application was therefore dismissed. Regarding costs, the court exercised its discretion under section…

Source excerpt

  • Resignation Of Employment
  • Withdrawal Of Resignation
  • Interim Interdict
  • Costs Order
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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.