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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.

Physical address

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
June 2021
Nampak Products (Pty) Ltd t/a Megapak v Commission for Conciliation Mediation and Arbitration N.O. and Others (C 512/2018) [2021] ZALCCT 2 (24 June 2021) Provocation did not justify a senior employee's assault; dismissal for assault and threats was substantively fair. * Labour law – review of arbitration award – assessment of credibility and correct construction of evidence; * Misconduct – assault by senior employee on subordinate – provocation considered but found not to justify or mitigate assault (test: reasonable person, immediacy, proportionality); * Evidence – corroboration of continued threats by HR witness; * Sanction – dismissal for assault and threats found substantively fair; * Review remedy – award set aside and substituted.	24 June 2021

Citation

Judgment date

June 2021

Nampak Products (Pty) Ltd t/a Megapak v Commission for Conciliation Mediation and Arbitration N.O. and Others (C 512/2018) [2021] ZALCCT 2 (24 June 2021)

Provocation did not justify a senior employee's assault; dismissal for assault and threats was substantively fair.

* Labour law – review of arbitration award – assessment of credibility and correct construction of evidence; * Misconduct – assault by senior employee on subordinate – provocation considered but found not to justify or mitigate assault (test: reasonable person, immediacy, proportionality); * Evidence – corroboration of continued threats by HR witness; * Sanction – dismissal for assault and threats found substantively fair; * Review remedy – award set aside and substituted.

24 June 2021