Ndzimande and Others v Didben N.O and Others (JR 1404/14) [2019] ZALCJHB 73

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
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Masoga and Another v Pick n Pay Retailers (Pty) Ltd and Others (JA14/2018) [2019] ZALAC 59 (12 September 2019)

BACKGROUND Pick ‘n Pay Retailers (Pty) Ltd (“PNP”) operates in-store bakeries to produce baked goods at certain of their stores. As part of an empowerment initiative, PNP decided to use these bakeries to train previously disadvantaged persons to operate self-standing bakeries, capable of operating independently of PNP. PNP contracted with Assist Bakery 115 CC (“AB”),
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AFGEN (Pty) Ltd v Ziqubu (JA34/18) [2019] ZALAC 40 (13 June 2019)

BACKGROUND The Respondent had been employed by AFGEN (Pty) Ltd (“the Appellant”) for just over a year, during which period she suffered from depression and was placed on sick leave for two months. Subsequent to the Respondent’s return, in December 2011, she was charged with misconduct for: (i) sending unauthorized emails to customers and (ii)
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Mthethwa v Department of Health: Gauteng Province and Another (JR2485/12) [2019] ZALCJHB 166 (25 June 2019)

SUMMARY On analysis of the factual matrix, the dispute at hand emanated from the unfair dismissal of TP Mthethwa (“the Employee”) by the Department of Health: Gauteng Province (“the Employer”).  The Employee initially referred the unfair dismissal dispute to the relevant bargaining council where the Employee was unsuccessful, being dissatisfied with that outcome, the Employee
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Molehe v Public Health and Social Development Sectoral Bargaining Council and Others (167/2014) [2019] ZALCCT 19 (2 August 2019)

SUMMARY This case deals with the review of an arbitration award which was issued on 17 March 2013. Below, are the facts that lead to the aforementioned arbitration award.   Lucas Moeketsi Molehe (“the Applicant”) was employed by the Department of Social Development, Free State Province (“the third Respondent”), as a social auxiliary social worker,
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Lebeya v Matlala and Others (JR2330/16) [2019] ZALCJHB 155 (14 June 2019)

SUMMARY The factual background from which this decision arises concerns a dismissal on the grounds of misconduct.  Lonmin Platinum Mine (“the Employer”) dismissed Doctor Lebeya (“the Employee”) following a disciplinary enquiry in which he was found guilty of dishonest.   At the heart of the misconduct was two fraudulent travel claims submitted by the Employee.  
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Mthembu and Others v NCT Durban Wood Chips [2019] 4 BALR 369 (CCMA)

BACKGROUND AND SUMMARY The Commission for Conciliation, Mediation and Arbitration (the “CCMA”) recently handed down judgment in terms of a section 191(5)(a)(i) of the Labour Relations Act 66 of 1995 (the “Act”). The question of law before the Arbitrator of the Court was whether or not the dismissal of the Applicants was substantively fair.  
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Rustenburg Platinum Mine v South African Equity Workers Association obo Meyer Bester and Others (CCT127/17) [2018] ZACC 13 (17 May 2018)

BACKGROUND Mr Bester, who was represented by the South African Equity Workers Association (“SAEWA”), was an employee of Rustenburg Platinum Mine (“Applicant”).  In April 2013, Mr Bester attempted to raise a parking issue with the Applicant’s Chief Safety Officer (“Mr Sedumedi”). His attempts were ignored which led to Mr Bester allegedly interrupting a safety meeting,
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