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Citation
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Judgment date
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| July 2016 |
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Dismissal upheld for unauthorized removal of unpaid company property; damages and costs denied.
Employment law – dismissal – disciplinary procedure – breach of code of conduct; unauthorized removal of company property; email as mere request not authority; damages for loss of expectation and non-pecuniary harm not proven.
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28 July 2016 |
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Employee dismissed without formal disciplinary hearing — dismissal held unfair and wrongful; two months' salary awarded with interest and costs.
Employment law – dismissal – requirement of disciplinary hearing before termination – wrongful and unfair dismissal where employee not heard; characterization of employee status (full‑time) supported by NAPSA contributions; remedies: damages, interest, costs.
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27 July 2016 |
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Termination for union political speech without disciplinary hearing was unfair, wrongful and unlawful; reinstatement with back pay ordered.
Labour law – dismissal v termination; disciplinary hearing and natural justice; S.5(a) Act No.15 of 2015 – duty to give reasons; S.26A Employment Act – right to be heard; ILO Convention No.158 – persuasive international standard; reinstatement as alternative to damages; union activity and political speech.
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26 July 2016 |
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Employer failed to prove employee's involvement in alleged theft; summary dismissal was wrongful and damages awarded.
Employment law – wrongful summary dismissal – burden of proof on employer to prove misconduct – disciplinary procedure and natural justice – negligence as dismissible offence – remedies: damages, restitution, interest, costs.
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25 July 2016 |
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Fixed‑term contract not automatically renewed by continued work; wrongful dismissal claim dismissed, unpaid shifts awarded K334.40 with interest and costs.
Employment law – Fixed‑term contract expiry and renewal discretion; continuation of work does not automatically renew contract; alleged wrongful dismissal; unpaid wages; interest and costs.
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22 July 2016 |
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Employee wrongfully summarily dismissed; employer estopped from denying employment; defamation claim failed for lack of publication.
Employment law – identity of employer – estoppel by director’s use of company letterhead; wrongful summary dismissal – suspension v desertion; damages for unfair dismissal – award of six months’ salary plus unpaid days and leave; defamation – requirement of publication and burden of proof.
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20 July 2016 |
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Whether an allegedly ineligible union treasurer should be restrained by interlocutory injunction pending determination of membership eligibility.
Trade union law – membership eligibility – Union Constitution requiring employment with mining contractors – interlocutory injunction – preservation of status quo – irreparable harm – Labour and Industrial Relations Act considerations.
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13 July 2016 |
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Non-renewal of a fixed‑term contract is not wrongful dismissal; only contractual gratuity awarded, other claims dismissed.
Employment law – fixed‑term contract – non‑renewal not wrongful dismissal; contractual gratuity payable; special damages require particularised proof; terminal pay deductions for employee loans; NAPSA non‑remittance claim dismissed for lack of evidence.
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12 July 2016 |
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Employer's reasonable belief and fair disciplinary process justified dismissal for unauthorised removal of company property.
Industrial relations — Wrongful dismissal — Unauthorised removal of company property — Employer's reasonable belief after investigation — Disciplinary procedure and natural justice — Salvage yard access and authority requirement.
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11 July 2016 |