Latest Cases

City of Cape Town v IMATU obo Quinton (LC). Dismissal - Dereliction of duty - Arbitrator finding only negligence and that dismissal unfair - Findings disconnected from evidence - Citys witnesses gave evidence that trust relationship was broken down - Reputational and potential financial risk was serious and real - Conclusions on employees mental health were not supported by medical expert testimony and no more than inadmissible hearsay evidence - Award set aside - Dismissal was substantively fair.

DEPARTMENT OF HEALTH KWA ZULU-NATAL V PUBLIC HEALTH AND SOCIAL DEVELOPMENT SECTORAL BARGAINING COUNCIL (LC). Summary: Security - Applicant would suffer irreparable harm if not being allowed to provide proper security in terms of section 145 (7) and (8) of LRA to the satisfaction of the Court - Stay of Award: The interests of both parties are catered for in ordering a short stay of the enforcement of the award and allowing the Applicant to provide satisfactory and proper security. Should the Applicant fail to provide such security, the stay falls away.

Bosch v SACTWU (LC). Summary: review of arbitration award - arbitrator ignoring application for rescission of a prior ruling and proceeding to hear the matter on its merits - decision to proceed in the circumstances constituting misconduct in relation to his duties as arbitrator, and unreasonable. Award set aside and remitted.

G.C v J.C and Others (14205/2014) [2024] ZAWCHC 354 (6 November 2024). PERSONAL INJURY - Malicious prosecution - Defamation - False charges of rape - Detained for 17 days in police cells before bail - Almost a year before charges withdrawn - Distress, embarrassment and treatment as common criminal facing very serious charges - R500,000 for both defamation and malicious prosecution - Causation not proved for loss of income - R165,000 for legal fees incurred in applying for bail and attending court in relation to charges.

Smuts v Kromelboog Conservation Services (Pty) Ltd and Another (511/2023) [2024] ZASCA 156 (14 November 2024). Director - Delinquent - Whether conduct of director justified declaration of delinquency - Clearing of funds from respondents bank account - Use of such funds for legal fees - Seeking to obtain possession of respondents operations - Conducted himself delinquently - Was in a conflicted position - Gross negligence, wilful misconduct and breach of trust - No misdirection - Appeal dismissed - Companies Act 71 of 2008, s 162(5)(c).