Landmark Judgments
Access the landmark judgments of South Africa immediately. On the page below are the judgments that we believe break new ground or contribute significantly to the development of the understanding and appreciation of the law. These are the landmark judgments in the topics that we monitor and are listed in chronological order. We use our years of knowledge and experience to pick out those judgments that we believe are landmark judgments. Every interested person should have at least read our understanding of these landmark judgments.
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Employer’s vicarious liability: Manager’s lustful kiss
For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login, email us and we’ll arrange to give you...
Foss v Harbottle Rule: Defined and explained
This is an important rule concerning the Foss v Harbottle Rule and the separation of a company as a legal entity apart from its shareholders. Gihwala and Others v Grancy Property Ltd and Others (20760/14) [2016] ZASCA 35 (24 March 2016) per Wallis JA (Lewis, Leach and...
Private collective agreement: Lawful extension
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Operational requirements: Non-compliance internal equity
SACCAWU v Woolworths (Pty) Ltd (J3159/12, JS1177/12) [2016] ZALCJHB 126 (5 March 2016) per Nkutha-Nkontwana, AJ. With effect from 4 November 2012 the Labour Court reinstated 44 employees with full back-pay after finding that they were unfairly dismissed, purportedly...
Right to be heard: No formal disciplinary hearing
Bemawu obo 35 members v SABC (J2239/2015) [2016] ZALCJHB 74 : [2016] 6 BLLR 595 : (2016) ILJ 1394 (LC) (2 March 2016) per Steenkamp J. The Labour Court refused to interdict a disciplinary process against numerous employees alleged to have defrauded the Medical Aid...
Separation agreement approved: Soft exit valid and binding
G-O v Reckitt Benckiser SA (Pty) Ltd (JA 95/2014) [2016] ZALAC 2 ; [2016] 5 BLLR 425 ; (2016) ILJ 902 (3 February 2016) per Savage AJA [Waglay JP and Coppin JA concurring] It is not uncommon for employers and employees to sign voluntary separation agreements. They...
Purpose of LRA: Premature notice nullified breach?
Steenkamp v Edcon Ltd (CCT46/15, CCT47/15) [2016] ZACC 1 (22 January 2016) per Cameron J (Van der Westhuizen J concurring): [1] to [86] and Zondo J (Mogoeng CJ, Moseneke DCJ, Jafta J, Khampepe J, Madlanga J, Matojane AJ, Nkabinde J and Wallis AJ concurring): [87] to...
LRA interpreted: Unlawfulness and unfairness
Numsa v Edcon Ltd and Steenkamp v Edcon Ltd (CCT47/15; CCT46/15) [2016] ZACC 1 (22 January 2016) The Constitutional Court is due to deliver judgment later this morning in this important landmark dispute. It will be made available as soon as possible thereafter. As...
Risk management: Cost of getting it wrong
Baloyi v MEC for Health and Social Development, Limpopo (CCT227/14) [2015] ZACC 39 (10 December 2015) per Moseneke DCJ (Mogoeng CJ, Jafta J, Khampepe J, Nkabinde J, Theron AJ and Tshiqi AJ concurring): A divided Constitutional Court allowed an appeal against a 2010...
LRA primary objectives: Approach to be followed
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