Latest Cases

Motor Industry Staff Association and Another v Great South Autobody CC t/a Great South Panelbeaters; Solidarity obo Strydom and Others v State Information Technology Agency SOC Limited (CCT298.22 ; CCT346/22) (20 December 2024). Automatically unfair dismissal in terms of section 187(1)(f) of the Labour Relations Act 66 of 1995 - dismissal based on age - age discrimination - employees continuing in employment after agreed retirement age of 60 years

Siyabonga Gugulethu Galela (Ex parte application) ZASCA 176 (13 December 2024) PROFESSION - Admission - Full disclosure - Information applicant obliged to disclose in ex parte application for admission - High Court finding that appellant not fit and proper person - Failure to disclose directorship of company - Business failed and company never opened bank account, received no income and did not file tax returns - Non-disclosure not intended to deceive - Failure to attach LLB certificate due to being in arrears with fees - Appeal upheld - LPC authorised to enrol appellant as legal practitioner - Legal Practice Council Rules, rule 22.1.5

N M v Central Authority for the Republic of South Africa and Another ZASCA 178 (19 December 2024) Hague Convention on the Civil Aspects of International Child Abduction (the Hague Convention) - whether a defence to the application for the return of the child to Australia was established as envisaged in Article 12 and Article 13(b) - Article 12 jurisdictional requirements established by the left-behind parent - court has no option but to return the abducted child - Article 13(b) defence not established by the abducting parent - whether the high court erred in separating the constitutional challenge of s 275 of the Childrens Act 38 of 2005 raised in the counterapplication from the main application - high court exercising inherent power in terms of s 173 of the Constitution in separating the issues in the interest of justice, the best interest of the child and purpose of the Hague Convention.

  SIBANYE GOLD LTD V CCMA (LC). Summary: CCMA arbitration - review of proceedings, decisions, and awards of arbitrators - test on review - section 145 of LRA 1995 - determination of gross irregularities and reasonable outcome.
Dismissal - inconsistency - principles considered - commissioner properly considering the facts relating to inconsistency and applying proper legal principles - finding of inconsistency reasonable.
Review of award - conclusion of arbitrator that the dismissal of all ten members of the third respondent substantively unfair unreasonable - award reviewed and set aside - substituted with award that dismissal of two members substantively fair (while dismissal of remaining applicants substantively unfair).

ASSOCIATION OF MINEWORKERS AND CONSTRUCTION UNION v NKOMATI ANTHRACITE (PTY) LTD (LC). Summary: Employer failed to properly read Covid 19 regulations and that culminated in this dispute. Employer was declared essential services provider and absolved from Covid-19 restrictions. Held: (1) Dismissed employees reinstated as their dismissal was automatically unfair. (2) Employer not entitled to deduct money from employees. (3) Employer ordered to reimburse the employees whose monies were unlawfully deducted. (3) Employer ordered to pay the applicants costs consequent upon employment of two counsel.