Case Notes

Employee’s liability for recruitment costs: Premature termination of a fixed term contract

Metal Industries Benefit Funds Administrator v Myburgh (LC) (unreported case no JS854/13, 29-8-2017) (Lagrange J) By Yashin Bridgemohan In the case Air Traffic and Navigation Services Company v Esterhuizen (SCA) […]

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Debt review: Points on orders

Nedbank Ltd v Jones and Others 2017 (2) SA 473 (WCC) By Bouwer van Niekerk and Ashley Seckel The South African economy has predominantly been spared from the horrible truths […]

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The effect of cancelling collective agreement’s regulating ancillary duties

Imperial Cargo Solutions v Satawu and Others (LAC) (unreported case no JA63/2016, 1-8-2017) (Tlatelsi AJP) (Davis JA and Kathree-Setiloane AJA concurring) By Yashin Bridgemohan In SA Municipal Workers Union v […]

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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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