Case Notes

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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Court orders education MEC to determine public school feeder zones

By Nomfundo Manyathi-Jele Federation of Governing Bodies for South African Schools v Member of the Executive Council for Education, Gauteng and Another (CC) (unreported case no CCT/209/15, 20-5-2016) (Moseneke DCJ) […]

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Res judicata and re-enrolment of arbitration proceedings

By Yashin Bridgemohan Mashego v Cellier NO and Others (2016) 37 ILJ 994 (LC) The applicant in this case was dismissed for alleged misconduct. He then referred an unfair dismissal […]

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Banks beware: Reinstatement of mortgage loan agreements

Nkata v FirstRand Bank Ltd and Others (The Socio-Economic Rights Institute of South Africa as Amicus Curiae) (CC) (unreported case no CCT73/2015, 21-4-2016) (Moseneke DCJ) By Gian Louw The Constitutional […]

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