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Labour Law — Unfair Dismissal — Constructive Dismissal — Employee's burden to prove dismissal under section 192 of the Labour Relations Act — Applicant alleged constructive dismissal after resigning during notice period — Commissioner found no dismissal established, leading to dismissal of unfair dismissal claim — Review application initiated by applicant to set aside the arbitration award. Court held that the applicant failed to prove the existence of a dismissal, thus affirming the commissioner's ruling on jurisdictional grounds.
Summary Judgment — Affidavit verifying indebtedness — Rule 32(2)(a) of Uniform Rules — Applicant seeking summary judgment for breach of home loan agreement — Respondent defaulting on payments and contesting validity of supporting affidavit — Court finding affidavit sufficient as deponent's position provides basis for personal knowledge — Summary judgment granted in favor of applicant for R1,114,643.40 plus interest and costs.
Contracts — Breach of contract — Suretyship — Applicant bank sought return of vehicles from first respondent for breach of sale agreements, with second respondent as surety — First respondent admitted to making payments post-application, leading to a request for lesser relief — Court found no defence to the lesser relief sought, as late payments did not negate arrears at the time of application — Relief granted only against first respondent.
Contract — Cancellation of contract — Applicant seeking declarator that cancellation of purchase agreement for vehicle was invalid — Applicant alleges coercion and misrepresentation in signing surrender document — Respondent claims fraudulent documentation used to obtain finance — Matter involves substantial disputes of fact — Rule nisi cannot stand as it cannot be decided on paper.
Suretyship — Validity of suretyship and acknowledgement of debt — Applicant seeks declaratory relief that a suretyship and subsequent acknowledgement of debt are null and void due to alleged non-compliance with section 226 of the Companies Act 61 of 1973 — Disputes of fact arise regarding the existence of the required special resolution and the circumstances surrounding the acknowledgement of debt — Court finds that the matter cannot be resolved on paper and requires full pleadings, discovery, and trial to determine the issues.
Labour Law — Review of arbitration award — Application to review ruling and award regarding dismissal for alcohol use — Employee tested positive for alcohol but disputed validity of testing procedure — Commissioner denied opportunity to call expert witness — Review granted on grounds of procedural unfairness — Award set aside and matter remitted for fresh hearing.
Appeal — Leave to appeal — Application for leave to appeal against judgment upholding respondent's claim under Compensation for Occupational Injuries and Diseases Act 130 of 1993 — Applicant's contention that appeal has potential for precedent value and seeks guidance on similar matters — Court finds no reasonable prospect of success on appeal and dismisses application for leave to appeal — Applicant ordered to pay respondent's costs.
Discovery — Further and better discovery — Opposed application for further discovery in divorce proceedings — Applicant seeking half of net accrual and spousal maintenance — Respondents accused of inadequate discovery responses — Court finds that respondents must provide further and better replies consistent with Rules 35(3) and (6) for certain items, while dismissing others as overbroad or insufficiently motivated — Emphasis on the need for parties to fulfill discovery obligations to expedite trial process.
Labour Law — Leave to appeal — Application for leave to appeal against judgment of Labour Court — Applicant contending that the court erred in its findings regarding possession of property — Court held that the applicant failed to demonstrate a reasonable prospect of success on appeal — No compelling reason established for the appeal to be heard.
Magistrates Court — Application to compel magistrate to furnish reasons — Applicant sought written reasons for a judgment dismissing an application to vary a maintenance order — First respondent provided reasons after application was launched, rendering the application moot — Second respondent misjoined, as no vicarious liability established — Applicant ordered to pay costs of the application.
Variation of Order — Correction of judgment — Uniform Rule 42(1)(b) allowing for correction of clerical errors in judgments — Initial judgment dismissing plaintiffs' claim and ordering costs did not accurately reflect the intended costs order — Court amended judgment to include costs of three counsel on Scale C and qualifying fees of expert witnesses as originally intended — Correction made to rectify errors in judgment.
Franchise Agreements — Unlawfulness of franchise agreement — Applicant seeks declaration of unlawfulness and payment of R7.8m — Legal basis for claims unclear and lack of quantification of amount — Significant disputes of fact arise from answering affidavit — Court declines to decide matter on paper and orders that notice of motion stands as simple summons, with applicant to deliver declaration by 30 June 2026, proceeding to trial thereafter.