Labour Court of South Africa, Durban - 2012

Sort by:

3 judgments

Citation	Judgment date
January 2012
SACCAWU and Others v Check One (Pty) Ltd (D826/2009) [2012] ZALCD 3 (24 January 2012) Reported Dismissals upheld as substantively fair where employees were found to have threatened relief staff and management during an unprotected strike. Labour law – unfair dismissal – unprotected strike versus separate misconduct – whether dismissal for intimidation and threatening conduct was substantively fair; selective discipline; witness credibility and identification of perpetrators.	24 January 2012
Krishna v University of KwaZulu-Natal (D62/09) [2012] ZALCD 2 (2 January 2012) Applicant failed to prove dismissal where employment was transferred under section 197 with her consent. Labour law – transfer of business – section 197 LRA – transfer of employment does not constitute dismissal; Onus in dismissal disputes – section 192 LRA – employee must establish existence of dismissal; Consent to transfer and coercion – communications about possible retrenchment do not necessarily vitiate consent; Operational-requirements dismissals (retrenchment) – applicant failed to prove dismissal or unfairness.	2 January 2012
Walljee and Others v Capacity Outsourcing and Another (D451/09) [2012] ZALCD 1 (2 January 2012) Joinder of the client was refused because section 198 LRA prevents client liability for dismissals by a labour broker. Labour law – Joinder – Temporary employment service (labour broker) – Section 198 LRA – Client liability limited; client not liable for dismissals by labour broker absent s198(4) contravention – Joinder of client refused – Costs awarded.	2 January 2012