Employment law court cases

Important employment law court cases from South Africa in “easy to read” format.

South Africa :: Is the failure of an employee to disclose information material to a recruitment decision a basis for subsequent dismissal?

SOUTH AFRICA Court The Johannesburg Labour Court Case Intercape Ferreira Mainliner (Pty) Ltd v …

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South Africa :: Constructive dismissal or resignation?

SOUTH AFRICA Case HC Heat Exchangers (Pty) Ltd v Araujo and Others Court Johannesburg Labour Court Date issued October 8th 2019 Subject Constructive dismissal or resignation? Substance An altercation between a factory manager and a health and safety manager led to the latter taking leave of absence from work due to “work-related stress” …

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South Africa :: A “market forces” defence in equal pay claims under the Employment Equity Act

SOUTH AFRICA Case: Sun International Limited v Commercial and Allied Workers Union Court: Labour Court Date issued: 26th February 2019 Subject: A “market forces” defence in equal pay claims under the Employment Equity Act Substance: In this case, a female employee had brought a claim for unequal pay …

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South Africa :: Case law on social media

The Commission for Conciliation, Mediation and Arbitration has held that dismissal is fair when employees make offensive comments on Facebook or criticise their employer or manager or leak internal business matters to the public …

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South Africa :: Failure to copy managers in emails may justify dismissal

SOUTH AFRICA Case: Prabashnie Naicker v Africa Flight Services Court: Labour Court Date issued: 21st May 2019 Subject: Failure to copy managers in emails may justify dismissal Substance: Despite the line manager’s direct instructions to be copied in all emails sent to clients, the employee concerned continuously failed to comply …

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