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Labour Court of South Africa, Port Elizabeth

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

Bird street 2, Central Port Elizabeth, Port Elizabeth, 6001

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

1 judgment

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1 judgment

Citation	Judgment date
September 2013
Department of Health Eastern Province v PHWSBC and Others (P217/07; P219/07) [2013] ZALCPE 2 (12 September 2013) A commissioner may lawfully find dismissal disproportionate where prolonged unfair treatment and non‑compliance with prior orders mitigate an employee’s dishonest act. Labour law – dismissal for dishonesty – mitigation where employee acted in higher post without promotion or pay; employer’s non‑compliance with prior arbitral/court orders; Sidumo reasonableness review standard; reinstatement vs re‑employment; substantive fairness of sanction.	12 September 2013

Citation

Judgment date

September 2013

Department of Health Eastern Province v PHWSBC and Others (P217/07; P219/07) [2013] ZALCPE 2 (12 September 2013)

A commissioner may lawfully find dismissal disproportionate where prolonged unfair treatment and non‑compliance with prior orders mitigate an employee’s dishonest act.

Labour law – dismissal for dishonesty – mitigation where employee acted in higher post without promotion or pay; employer’s non‑compliance with prior arbitral/court orders; Sidumo reasonableness review standard; reinstatement vs re‑employment; substantive fairness of sanction.

12 September 2013