Case Note: National Sugar Refining and Allied Industries Union obo Mngomezulu v Tongaat Hulett Sugar Ltd (Darnall) [2016] 11 BALR 1172 (NBCSMRI)
Monday, 03 July 2017
Summary The Applicant is Mr Mngomezulu, a former employee of the Respondent. The Applicant was dismissed for misconduct after he was accused of using witchcraft to intimidate the Respondent’s employee, Ms Nxele (the “Incident”). On the morning of the Incident, Mrs Nxele had parked her car in the company’s parking lot, the exterior of which
- Published in 2017, Commercial Law, Labour Law
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Case Note: Clover SA (Pty) Limited and Another v Sintwa (CA2011/2015) [2016] ZAECGHC 77; [2016] 12 BLLR 1265 (ECG); (2017) 38 ILJ 350 (ECG) (13 September 2016)
Monday, 03 July 2017
Summary The respondent employee was a team leader tasked with ensuring that the first appellant company’s machines and products met stringent health and safety standards. One of his duties was to certify that the necessary checks had been done by signing the relevant form. In December 2009 the employee signed a form certifying that certain
- Published in 2017, Labour Law
Case Note: Mahaeeane & Another V Anglogold Shanti Limited (85/2016) ZASCA 090 (07 June 2017)
Monday, 03 July 2017
Summary Mahaeeane Mahaeene and Motlajsi Thakaso (the “Appellants”) were both previously employed by AngloGold Ashanti Limited (the “Respondent”) in its mining operations. The Appellants were medically boarded by the Respondent based on the ground that they had contracted silicosis, Silicosis is disease commonly found in miners who are exposed to harmful quantities of silica dust.
- Published in 2017, Labour Law, Other
Case Note: Eskom Holdings V CCMA and others (JR 430-15)
Friday, 23 June 2017
Summary This matter is a review application brought by Eskom (“the Applicant”), to review the conduct of Norman Mbelengwa (“the Second Respondent”), who sat as a Commissioner in the CCMA arbitration hearing of Sylvester Leiee (“the Third Respondent”), following the latter’s dismissal by the Applicant. The Applicant alleges that the Second Respondent committed gross misconduct
- Published in 2017, Labour Law
Case Note: Eskom Holdings V CCMA and others (JR 430-15)
Thursday, 15 June 2017
Summary This matter is a review application brought by Eskom (“the Applicant”), to review the conduct of Norman Mbelengwa (“the Second Respondent”), who sat as a Commissioner in the CCMA arbitration hearing of Sylvester Leiee (“the Third Respondent”), following the latter’s dismissal by the Applicant. The Applicant alleges that the Second Respondent committed gross misconduct
- Published in 2017, Labour Law
Case Note: Van Antwerp And Another v Chimusaru (17952/2016) 2017 ZAGPJHC 87 (16 March 2017)
Wednesday, 14 June 2017
Summary The Gauteng Local Division partially enforced a restraint of trade, having particular regard to the scope of an employee’s work and knowledge and use of a customer list belonging to his former employer, rather than the geographical application and the duration of the restraint per se. The Applicant runs a country-wide business of repairing
- Published in 2017, Labour Law
Case Note: Engelbrecht v Coleman and Another (20951/2016) [2017] ZAGPJHC (2 February 2017)
Thursday, 08 June 2017
Summary This case concerns the Court’s role in issuing directions/making an order with regards to the valuation of, and determination of the fair value of the shares in the Company where there is a deadlock between shareholders. Therefore, the applicability of s163(2)(e) of the Companies Act 71 of 2008 (“the Act”) is challenged insofar as
- Published in 2017, Commercial Law, Labour Law
Case Note: Snyers v Mgro Properties (Pty) Ltd (20816/2014) ZASCA 151 (30 September 2016)
Monday, 24 October 2016
Summary The Supreme Court of Appeal (the “Court”) handed down judgment in a matter concerning the eviction, under the Extension of Security of Tenure Act 62 of 1997 (“ESTA”), of a farm worker and his family having particular regard to whether or not eviction notices were properly served on him while his labour dispute was
- Published in 2016, Labour Law
Case Note: Lab-Cor Trading (Pty) Ltd v Blignaut (A643/2014) [2015] ZAGPPHC 357 (8 May 2015)
Tuesday, 22 March 2016
Summary The Appellant’s claim is based on a written agreement of sale for immovable property entered into between the Respondent and the Seller which was dismissed by the Court a quo. The Appellant relied upon clause 3.4 of the agreement which read that should the sale be cancelled as a result of a defaulting party,
- Published in 2016, Commercial Law, Conveyancing, Labour Law, Property Law
Case Note: Orthocraft (Pty) t/a Advanced Hair Studios v Musindo and Another (J1636/15) [2016] ZALCJHB 12 (14 January 2016)
Wednesday, 03 February 2016
Summary The Applicant and the Second Respondent both conduct business within the cosmetics industry. The First Respondent was under the employ of the Applicant until her husband was involved in a car accident, which lead to her resignation in July 2015. The First Respondent’s employment contract contained a restraint of trade clause. Two other employees
- Published in 2016, Labour Law
