Ndzimande and Others v Didben N.O and Others (JR 1404/14) [2019] ZALCJHB 73
Thursday, 20 February 2020
BACKGROUND Joseph Ndzimande and two others (the “Applicants”) were dismissed from the employ of Xstrata (the “Third Respondent”) on the grounds that they brought the Third Respondent into disrepute after allegedly making false and defamatory statements in an interview that aired on 3 (three) SABC radio stations during a march embarked upon by employees of
- Published in Labour Law, 2020
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POTGIETER v MODIKWA PLATINUM MINE AND OTHERS (J1892/2019) [2019] ZALCJHB 267 (8 October 2019)
Friday, 29 November 2019
SUMMARY In this case Potgieter (the “Applicant”) approached the Labour Court (“Court”) on an urgent basis for an order interdicting the Respondents from proceeding with disciplinary action against him, alternatively an order that the disciplinary proceedings against him be dealt with in terms of section 188(A) of the Labour Relations Act (“LRA”) The application related
- Published in 2019, Labour Law
MALATJI V CITY OF TSHWANE METROPOLITAN MUNICIPALITY AND OTHERS (JR654/17) [2019] ZALCJHB 300 (7 November 2019)
Wednesday, 13 November 2019
SUMMARY Tshepo Malatji (the “Applicant”), who was an employee of The City of Tshwane Metropolitan Municipality (the “First Respondent”) applied for 8 director positions on 8 February 2013, which positions were advertised by the First Respondent. One of the positions that the Applicant applied for was that of Director of Road Policing, unfortunately the Applicant
- Published in 2019, Labour Law
Tsebo Outsourcing Group v Commissioner: Silas Segole and Others (JR1163/17) [2019] ZALC 5 (30 April 2019)
Tuesday, 09 July 2019
SUMMARY This matter concerns the Commissioner’s (the First Respondent) award finding that the dismissal of Cecilia Senatsi, the Third Respondent, by Tsebo Outsourcing Group, the Applicant, was substantively and procedurally unfair, ordering her reinstatement. The Applicant sought an order setting aside the award. The Third Respondent was employed by the Applicant as an Assistant Catering
- Published in 2019, News, Unfair dismissal review application
Exxarro Ferro Alloys (Pty) Ltd v Kekana and Others (JR 1293/16) [2019] ZALCJHB 19 (5 February 2019).
Tuesday, 26 March 2019
SUMMARY This judgment concerns an Arbitrator’s award made by Commissioner Malubane Buti at the Commission for Conciliation, Mediation and Arbitration (“CCMA”). On analysis of the factual matrix, Exxarro Ferro Alloys (Pty) Ltd(“the Employer”) dismissed Lesiba Kekana (“the Employee”) following an internal poor work performance enquiry into the Employee’s consistent poor work performance (failing to meet
- Published in 2019, Labour Law, News
Securitas Specialised Services (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (JR 189/12) [2018] ZALCJHB 356(6 November 2018).
Wednesday, 13 February 2019
SUMMARY The factual matrix from which this judgment transpires concerns an Arbitrator’s award. Securitas Specialised Services (Pty) Ltd (“the Employer”) dismissed Edward Pheme (“the Employee”) following an internal disciplinary enquiry into the Employee’s misconduct (failure to visit clients for 7 months). The chairperson found the Employee guilty of the misconduct and recommended a sanction of
- Published in News, 2019, Labour Law
Lesedi v Commission for Conciliation, Mediation and Arbitration and Others (JR667/15) [2018] ZALCJHB 57 (15 February 2018)
Tuesday, 25 September 2018
SUMMARY This matter concerns a review application brought about by Moeti John Lesedi (the “Applicant”) who is reviewing an arbitration order made by the Commission for Conciliation, Mediation and Arbitration (the “CCMA”), who is the First Respondent in the matter and Commissioner Timothy Boyce (the “Second Respondent”). The Applicant’s review application concerns Dischem Pharmacies (the
- Published in News, 2018, Labour Law
Twincare International (Pty) Ltd v Nel (J2249/17) [2018] ZALCJHB 245 (20 July 2018)
Monday, 10 September 2018
SUMMARY In 2006 the Twincare International (Pty) Ltd (“Twincare 1”) entered into an employment agreement with Deborah Nel (“Nel”), containing confidentiality and restraint of trade clauses. As an employee of Twincare, Nel was involved in the education of staff members of Twincare’s clients regarding the various beauty and skincare products that Twincare produces. In 2013,
- Published in News, 2018, Civil Procedure, Labour Law, Locus Standi, Restraint of Trade
Unitrans Supply Chain Solutions (Pty) Ltd v National Bargaining Council for the Road Freight and Logistics Industry (NBCRFLI) and Others
Wednesday, 22 August 2018
SUMMARY – Background to Review This is an opposed review application of an award in which the arbitrator found that the third respondent, Mr I Juries (‘Juries’), was dismissed by the applicant (‘Unitrans’) unfairly because he did not deliberately falsify payroll information which caused a shop steward, Mr G Coetzee (‘Coetzee’), to receive additional remuneration
- Published in News, 2018, Labour Law
Liquid Telecommunication (Pty) Ltd v Carmichael-Brown (JS987/17) [2018] ZALCJHB 153
Tuesday, 22 May 2018
SUMMARY The Respondent’s cause of action is one for contractual damages that she contends were suffered in consequence of what is alleged to be a premature termination of a fixed-term contract. The relevant portion of the Respondent’s statement of claim read as follows: “The Respondent was appointed in an executive position commencing 15 August 2017,
- Published in Uncategorized
