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Labour Court of South Africa, Cape Town

The Labour Court has the same status as a high court. The Labour Court adjudicates matters relating to labour disputes. Appeals are made to the Labour Appeal Court.

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Twinell House, 1st Floor, 113 Loop Street, Cape Town, 8001

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https://www.justice.gov.za/labourcourt/

1 judgment

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1 judgment

Citation	Judgment date
August 2020
Atlantis Foundries (Pty) Ltd v NUMSA obo Brown N.O. and Others (C 867/2017) [2020] ZALCCT 26 (27 August 2020) Reported Review upheld substantive unfairness of incapacity dismissal; arbitrator misapplied procedural fairness test. Labour law — incapacity dismissal — frequent short-term absenteeism; procedural fairness — correct test for incapacity dismissals vs disciplinary process; substantive fairness — factors: nature and cause of incapacity, likelihood of improvement, prior work record, effect on employer, adequacy of AIP, EAP and medical investigation; review of arbitration awards — reasonableness test, not piecemeal appeal of reasoning; employer’s duty to obtain independent medical/psychological assessments depends on factual necessity.	27 August 2020

Citation

Judgment date

August 2020

Atlantis Foundries (Pty) Ltd v NUMSA obo Brown N.O. and Others (C 867/2017) [2020] ZALCCT 26 (27 August 2020)

Reported

Review upheld substantive unfairness of incapacity dismissal; arbitrator misapplied procedural fairness test.

Labour law — incapacity dismissal — frequent short-term absenteeism; procedural fairness — correct test for incapacity dismissals vs disciplinary process; substantive fairness — factors: nature and cause of incapacity, likelihood of improvement, prior work record, effect on employer, adequacy of AIP, EAP and medical investigation; review of arbitration awards — reasonableness test, not piecemeal appeal of reasoning; employer’s duty to obtain independent medical/psychological assessments depends on factual necessity.

27 August 2020