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Citation
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Judgment date
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| December 2017 |
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Failure to oppose a served bill of costs precludes later challenge to execution on an untaxed bill.
Civil procedure – execution by Writ of Fifa – untaxed bill of costs – duty to oppose taxation – failure to oppose precludes later challenge – costs on appeal.
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17 December 2017 |
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Consent orders are binding; a stay requires strong merits and duress must be specifically pleaded.
Civil procedure – Consent orders – Binding effect of consent judgments; Stay of execution – requirement of strong showing of likely success and absence of prejudice; Duress – must be specifically pleaded with particulars (Order 18 R.8(12) RSC); Interpleader and jurisdictional removal of property.
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14 December 2017 |
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Dismissals without a proper case hearing were unfair; three months' salary awarded, reinstatement refused.
Labour law – unfair dismissal – requirement of a proper case hearing and record – Board of Inquiry distinct from disciplinary hearing – remedy: damages v reinstatement – burden of proof on claimant – prohibition on awarding salary for periods not worked.
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12 December 2017 |
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Termination without disclosed valid reasons or disciplinary hearing breached the Employment Act; wrongful dismissal damages awarded.
Employment law – Termination – Requirement to give valid reasons under s.36(1)(c)(i) and s.36(3) – Procedural fairness and disciplinary hearing – Breach of contract – Measure of damages for wrongful dismissal – Redundancy claim – Proof required – Damages for non-pecuniary suffering requires evidence.
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12 December 2017 |
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Wrongful and unfair dismissal for lack of disciplinary procedure; statutory minimum wage and allowances awarded, redundancy claim dismissed.
Employment law — wrongful and unfair dismissal — failure to follow disciplinary procedure and right to be heard; statutory minimum wage; entitlement to housing, lunch and transport allowances; redundancy requirements; unjust enrichment and unpaid salary.
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12 December 2017 |
| October 2017 |
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Employees summarily dismissed after seeking labour office clarification entitled to damages; only contractually guaranteed 13th cheques payable.
Employment law – summary dismissal – procedural fairness – right to be heard; Contract terms – unilateral variation of basic conditions (13th cheque) – effect on employment; Group companies – applicable disciplinary code; Remedies – damages for unfair dismissal, interest, and costs.
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30 October 2017 |
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Dismissal after a work-related injury without notice or hearing held wrongful and unfair; damages awarded.
Employment law – wrongful dismissal (breach of contract for failure to give notice/pay in lieu) – unfair dismissal (procedural fairness; right to be heard; medical assessment) – absence/desertion allegations – section 36 Employment Act – damages and interest.
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26 October 2017 |
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Whether statutory pension-age amendments to 60 apply to employees not yet 55 and entitle them to benefits and damages.
Pension law amendment — pensionable age raised to 60 — applicability to employees not yet 55 on enactment — premature retirement at 55 — reinstatement denied — employees deemed retired at 60 — damages for unlawful retirement.
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13 October 2017 |
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The applicant was wrongfully and unfairly dismissed; the respondent failed to prove theft and breached disciplinary procedure.
Employment law — wrongful and unfair dismissal — employer must prove misconduct alleged; disciplinary charges must reflect evidence and comply with natural justice — damages: departure from normal notice award where offence unproved — interest and costs.
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4 October 2017 |
| September 2017 |
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Dismissal during suspension without factual basis is unfair; accrued leave is payable; defamation claim dismissed.
Labour law — unfair/wrongful dismissal — suspension pending investigation — dismissal for alleged absconding without factual substratum — accrued leave entitlement — defamation claim arising from lawful police investigations.
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22 September 2017 |
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Complainant's challenge to summary dismissal dismissed where respondent observed disciplinary procedure and facts supported dismissal.
Employment law – unfair dismissal – disciplinary procedure – natural justice – substratum of facts – burden on employee to prove wrongful dismissal – audits as basis for disciplinary action – admissions in appeal letter.
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22 September 2017 |
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Whether the respondent's failure to follow disciplinary procedure rendered the applicant's dismissal wrongful and entitled him to damages.
Labour law — unfair/wrongful dismissal — failure to follow disciplinary procedure — verbal suspension — desertion not proved — mitigation of damages — refusal of reinstatement; award of damages and interest.
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22 September 2017 |
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Termination invoked under probation without formal charges or hearing amounted to unfair dismissal; six months’ pay awarded.
Employment law – probationary termination – incorporation of disciplinary code – requirement to charge and hear employee; Natural justice – right to be heard before dismissal; Wrongful/unfair dismissal – remedies and damages assessment; Accrued leave – proof and admission; Interest and costs.
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11 September 2017 |
| August 2017 |
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Acceptance of an offer letter created a binding fixed-term contract; termination for an unagreed probation clause breached it, awarding four months' pay.
Contract formation — offer accepted by signature — condition precedent — offer letter binding; employment law — fixed-term contract; probation clause unenforceable if not agreed; wrongful termination; damages — expectation loss, mitigation and adjustment for gratuity; award of four months' pay with interest.
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9 August 2017 |
| July 2017 |
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Failure to show good cause for lengthy delay and irregular issuance of a writ warranted dismissal of leave to appeal out of time.
Civil procedure — extension of time to appeal — discretionary grant requires good cause and consideration of length of delay and prospects of success; irregular issuance of writ of fieri facias — necessity of recalculation/order after withdrawal of advocates; Industrial/Labour Court — substantial justice vs procedural rules.
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14 July 2017 |
| June 2017 |
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Dismissal based on a non-existent disciplinary offence arising from union-related activity was wrongful; reinstatement ordered.
Labour law; unfair dismissal; disciplinary procedure; non-existent offence; union activity protection (s.5(1)(g) Industrial and Labour Relations (Amendment) Act 1997); reinstatement remedy.
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15 June 2017 |
| April 2017 |
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Employee unlawfully dismissed without hearing; reinstatement denied; awarded six months' salary damages; other claims dismissed.
Employment law — unlawful dismissal — related companies treated as one — authority of parent/company board to terminate — statutory right to be heard (Section 26A) — promise of shares unenforceable without offer and acceptance — reinstatement discretionary and refused — damages awarded; salary arrears, wrongful deduction and maternity pay claims dismissed.
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6 April 2017 |
| March 2017 |
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Employer wrongfully and unlawfully dismissed applicant by offering employment before verifying pre-employment medicals and failing to give reasons or hearing.
Wrongful dismissal; pre-employment medicals and silicosis verification; statutory requirement to give reasons on termination (s.5 Act No.15 of 2015); unfair dismissal—right to be heard; damages, interest and costs awarded.
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24 March 2017 |
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Applicant constructively dismissed after transfer without relocation support; awarded two months' salary, benefits, interest and costs.
Employment law – transfer and relocation – failure to provide transfer letter, transport and subsistence – constructive dismissal – summary dismissal for desertion – damages and contractual benefits awarded.
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24 March 2017 |