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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/

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1 judgment

Citation	Judgment date
March 2022
Western Cape Nature Conservation Board t/a Cape Nature v Commission for Consolidation Mediation and Arbitration N.O. and Others (C 174/2019) [2022] ZALCCT 1 (3 March 2022) Reported Post‑dismissal psychiatric evidence can render misconduct dismissal substantively unfair, though the initial hearing may still be procedurally fair. * Labour law – dismissal for misconduct – procedural fairness – adequacy of medical certificate and duty to postpone disciplinary hearing. * Labour law – substantive fairness – incapacity/mental illness – reliance on post‑dismissal expert evidence at arbitration (Strydom v Witzenberg Municipality). * Remedy – reinstatement and limited backpay where later medical evidence demonstrates non‑culpable conduct.	3 March 2022

Citation

Judgment date

March 2022

Western Cape Nature Conservation Board t/a Cape Nature v Commission for Consolidation Mediation and Arbitration N.O. and Others (C 174/2019) [2022] ZALCCT 1 (3 March 2022)

Reported

Post‑dismissal psychiatric evidence can render misconduct dismissal substantively unfair, though the initial hearing may still be procedurally fair.

* Labour law – dismissal for misconduct – procedural fairness – adequacy of medical certificate and duty to postpone disciplinary hearing. * Labour law – substantive fairness – incapacity/mental illness – reliance on post‑dismissal expert evidence at arbitration (Strydom v Witzenberg Municipality). * Remedy – reinstatement and limited backpay where later medical evidence demonstrates non‑culpable conduct.

3 March 2022