Category: Landmark judgments

Audi alteram partem rule: Application in employment disputes

Audi alteram partem rule (hear the other side): Reviewing an award at the instance of a former employee the Steenkamp J in the labour court upheld the award after deciding that it was not unreasonable.  It is very refreshing to...

Read More

Invalid reason: Dismissal set aside fairness irrelevant

Invalid reason: How is it that some 34 years after parliament ensured that employees had a right not to be unfairly dismissed, uncomplicated dismissal cases can take nearly ten years to be resolved?  In the above case the former...

Read More

Business restructuring: Dislocated employee and new post

During a business restructuring employers seeking to avoid dismissals of a dislocated employee, and inviting the dislocated employee to compete for a new post, does not act unfairly, let alone transgress ss 189(2)(b) or 189(7)...

Read More

Municipal debts: Registered transfer ends property charge

Municipal debts are a ‘charge upon the property’ under s 118(3) of the Municipal Systems Act 32 of 2000 but they are not transmitted to a new owner on registration of transfer. Jordaan v City of Tshwane Metropolitan Municipality...

Read More

Fit and proper person: Remedial action by Public Protector

The high court confirmed the allegations made by the Reserve Bank and Speaker concerning the need for the Public Protector to be a fit and proper person South African Reserve Bank v Public Protector (43769/17) [2017] ZAGPPHC 443...

Read More