Case Notes

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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Lockout of members of trade unions not party to a bargaining council

By Yashin Bridgemohan Transport and Allied Workers Union of South Africa v Public Utility Transport Corporation Ltd [2016] 6 BLLR 537 (CC) Section 64(1)(a) of the Labour Relations Act 66 […]

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Employer liable for damages caused to ex-employee due to non-compliance with debarment process

By Daryl Marc de Bruyn Reynecke v OdinFin (Pty) Ltd (GP) (unreported case no 86753/2014, 21-6-2016) (JW Louw J) In the matter of Reynecke v OdinFin (Pty) Ltd, the plaintiff […]

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Prescription: Commencement, election and written notice

By Nico Claassen Standard Bank of South Africa Ltd v Miracle Investments 67 (Pty) Ltd and Another (SCA) (unreported case no 187/2015, 1-6-2016) (Mbha JA (Leach, Saldulker and Swain JJA […]

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