Case Notes

Ndaba v Ndaba – reconciling the irreconcilable

Ndaba v Ndaba [2017] 1 All SA 33 (SCA) By Makhado R Ramabulana In the recent decision of Ndaba v Ndaba [2017] 1 All SA 33 (SCA) the Supreme Court […]

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Land restitution: Lawful occupiers right to just and equitable

South African Riding for the Disabled Association v Regional Land Claims Commissioner and Others (CC) (unreported case no CCT 172/16, 23-2-2017) (Jafta J) (Nkabinde ACJ, Cameron J, Froneman J, Khampepe […]

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Value Added Tax: Are you rendering actual or deemed services?

Commissioner, South African Revenue Service v Marshall NO and Others 2017 (1) SA 114 (SCA) By Pallans Vuma Value Added Tax (VAT) is a form of tax that is incurred […]

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Witchcraft as misconduct

National Sugar Refining and Allied Industries Union obo Mngomezulu v Tongaat Hulett Sugar Ltd (Darnall) [2016] 11 BALR 1172 (NBCSMRI) By Martin Labuschagne Whatever one’s opinion of the so-called Fallist-movement […]

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Consequences of an arbitrator’s failure to consider s 193(2) of the Labour Relations Act

Moodley v Department of National Treasury and Others (LAC) (unreported case no JA13/2016, 10-1-2017) (Coppin JA) (Ndlovu JA and Savage AJA concurring) By Yashin Bridgemohan Section 193(2) of the Labour […]

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Review of arbitration awards due to an arbitrator’s misconduct

Premier Foods (Pty) Ltd (Nelspruit) v CCMA and Others (LC) (unreported case no JR2103/12, 8-11-2016) (Snyman AJ) By Yashin Bridgemohan The determination when dealing with review grounds as provided in […]

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Unfair labour practice relating to promotion

Sun International Management Pty Ltd v CCMA and Others (LC) (unreported case no JR 939/14, 18-11-2016) (Lagrange J) By Yashin Bridgemohan The correct approach for arbitrators to adopt when faced […]

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Beware of a second bite at the cherry

Nexus Forensic Services (Pty) Ltd v Chief Executive Officer of the South African Social Security Agency and Others (GP) (unreported case no 14708/2015, 21-6-2016) (Van Niekerk AJ) By Theo Steyn […]

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Moving beyond Edcon: Inferring breakdown in trust relationship where no evidence led to support that claim

Easi Access Rental (Pty) Ltd v Commissioner for Conciliation, Mediation and Arbitration and Others (unreported case no JR 385/14, 10-12-2015) (Molahlehi J) By Saber Ahmed Jazbhay Even though no evidence […]

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Vicarious liability of employer for employee’s frolic: More clarity on detour cases

Minister of Safety and Security v Morudu and Others 2016 (1) SACR 68 (SCA) By Siyabonga Sibisi It is trite in law that an employer is vicariously liable for the […]

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