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South Africa Case Law

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Labour Law [2021] ZALCJHB 385

Maseko v South African Post Office (JS1037/2019)

Maseko v South African Post Office (JS1037/2019) [2021] ZALCJHB 385 (20 October 2021)

Default judgment was refused in an employment-contract dispute because the applicant did not plead a valid claim beyond the contractual notice period.

  • Breach Of Employment Contract
  • Repudiation
  • Limited Damages Rule
  • Wrongful Dismissal
  • Default-judgment
  • Breach-of-employment-contract
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Delict [2017] ZAGPPHC 852

Van den Berg and Another v Minister of Defence and Military Veterans (62298/11)

Van den Berg and Another v Minister of Defence and Military Veterans (62298/11) [2017] ZAGPPHC 852 (17 November 2017)

The High Court found the plaintiffs’ removal from a military base was wrongful and humiliating, awarding damages for dignity and lost allowances.

  • Vicarious Liability
  • Injury To Dignity
  • Wrongful Dismissal
  • Military Discipline
  • Compensation For Unfair Dismissal
  • Vicarious-liability
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Labour Law [2015] ZAGPPHC 1084

Mohlala v Gauteng MEC for Health (50226/2009)

Mohlala v Gauteng MEC for Health (50226/2009) [2015] ZAGPPHC 1084 (9 November 2015)

High Court delict claim dismissed after the plaintiff failed to prove wrongfulness, negligence, and causation for alleged salary delay and related losses.

  • Basic Conditions Of Employment Act
  • Notice Of Termination
  • Wrongful Dismissal
  • Negligence
  • Quantum Of Damages
  • Delict
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Commercial And Corporate [1996] ZASCA 39

Reeves and Another v Marfield Insurance Brokers (Pty) Ltd and Another (12/95)

Reeves and Another v Marfield Insurance Brokers (Pty) Ltd and Another (12/95) [1996] ZASCA 39; 1996 (3) SA 766 (SCA); (28 March 1996)

The SCA held that a restraint of trade could be enforced after wrongful dismissal where the clause applied on cessation of employment for any reason.

  • Restraint Of Trade
  • Wrongful Dismissal
  • Enforceability Of Contractual Terms
  • Public Policy
  • Area Of Restraint
  • Restraint-of-trade
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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.