Labour Court Main Division - 2024 December

4 judgments
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4 judgments
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Judgment date
December 2024

Labour – Unfair Dismissal – Gross negligence – Demotion – To assess substantive fairness of procedure for dismissal – Employment relationship ceases from the date that demotion is communicated and endorsed.

13 December 2024

Labour law – Arbitration – Appeal against award – At the centre of the dispute is a collective agreement concluded between the appellant (the employer) and the first respondent (a registered trade union in terms of the Labour Act 11 of 2007) – Respondent in the appeal bears no onus to prove that the award is right – Appellant bears the onus of proving that the award is wrong – Arbitrator’s decision that she had no power to vary the terms of the collective agreement upheld – Appellant failed to persuade the court that the award is wrong – Appeal, accordingly, dismissed.   

12 December 2024

Labour Law – Unfair dismissal – Effective date of dismissal, whether it is upon dispatch of letter of dismissal or receipt thereof by the employee.

5 December 2024
4 December 2024