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Latest Cases

Avis Southern Africa (Pty) Limited and Others v Porteous.(HC) Commercial urgency - Commercial interests are equally worthy of protection to justify reliance on Rule 6(12) as are matters that concern a threat to liberty, life or some other basic essential of everyday life. Whether commercial interests justify an urgent hearing will always depend on the facts of each case with reference to whether substantial redress can be secured at a hearing in due course. Courts should not decline to hear matters that implicate commercial interests simply because judicial resources may be strained in a particular week in the urgent Court.
Transmissibility of Benefit of Restraint of Trade to New Business - determining whether a restraint agreement survives the transfer of a business is a fact specific enquiry that involves ascertaining if the benefit created by the restraint constituted a component of the goodwill transferred to the purchaser. Where senior employees subject to restraint covenants undergo changes in their employment over many years and the business is subjected to one or more changes in ownership during this time

Supreme Poultry (Pty) Ltd v Radiboke (LC)Summary: (Review and cross review – condonation for late filing of cross review – arbitrator misdirected in basing her reasoning on an argument abandoned by the employee – arbitrator failing to consider issue of prejudice in deciding procedural fairness of dismissal - arbitrator’s finding of substantive and procedural unfairness set aside)..

Rand Refinery (Pty) Ltd v Sehunane N.O. and Others (CCT) Review application – witness in disciplinary proceedings claiming in subsequent High Court litigation that he had been forced to give false evidence against employee – employee applying to amend papers in review to refer to all papers filed in High Court matter – section 34 of the Bill of Rights – Labour Court deciding case without reference to answering affidavit opposing application to amend – fundamental right of access to courts infringed – review in terms of section 145(2)(b) – improper obtaining of award – to be proved on balance of probabilities.

S v Liebenberg (Inadmissible evidence) Constitutional Court: S v Liebenberg Judgment: 10 October 2023 Keywords: Evidence, Criminal Procedure – Admissibility of evidence pertaining to investigations before disciplinary hearings, and Fair trial rights – Criminal Procedure Act 57 of 1977 (CPA), s 220

SPARTAN TRUCK HIRE (PTY) LTD v NATIONAL BARGAINING COUNCIL FOR THE ROAD FREIGHT AND LOGISTICS INDUSTRY (LC). Application seeking to review and set aside an arbitration award. The outcome reached by the arbitrator is completely disconnected to the uncontested testimony tendered before her. It is an outcome that is not capable of justification when regard is had to the testimony tendered before her. Based on the trite test on review, the outcome falls outside the bands of reasonableness. Held: [1] The arbitration award is reviewed and set aside. Held: [2] It is replaced with an order that the dismissal is substantively fair. Held: [3] There is no order as to costs.

Latest Cases

KEVIN JACOBS v CCMA (LC). Summary: Commissioner found dismissal substantively unfair. Review against decision not to order reinstatement. Aggravating factors in determining sanction after an employee is found guilty of misconduct may not function as surrounding circumstances denying reinstatement to an employee found not guilty as charged by the Commissioner. Slippage between section 193(2)(b) and 193(2)(c) of the LRA not permitted where commissioner pins reasoning to intolerability alone.

CCI SOUTH AFRICA (PTY) LTD v AFRICAN NATIONAL CONGRESS YOUTH LEAGUE (LAC). Summary: Mootness - Section 16 of the Labour Relations Act - Discretion to grant leave to appeal if matter is moot - Requirements to be considered - Practicality of order - Importance and complexity of issue - Ripeness of the arguments - Presence of conflicting judgments - Weight of factors depends on facts of each case - Held: No requirements met, appeal dismissed Jurisdiction - Protest - Whether Regulation of Gatherings Act or Labour Relations Act applies - Labour Relations Act exclusively governs labour disputes - Involvement of political party not permitted in labour relations except in advisory capacity - Regulation of Gatherings Act and not Labour Relations Act applies to protest action that does not involve employees and a union - Held: Employees and trade union not involved in protest action, Labour Court lacks jurisdiction

MATRIC LUPHONDO v RG Pieterse NO (LC). Summary: Interdict pendente lite. Applicant sought to interdict ongoing disciplinary hearing of senior official in the public service. Failure to prove prima facie right and reasonable prospects of success in main dispute. Application dismissed, no order as to costs.

SAUO obo LINDA C MOLLER v MEC for DEPARTMENT OF EDUCATION: NORTH-WEST PROVINCE (LC) Summary: Application to hold respondents in contempt for refusing to give effect to certified arbitration award. Respondents found to be in contempt and ordered to give effect to the CCMA arbitration award.
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