Labour Law — Review of arbitration award — Application for review of dismissal of employee for dishonesty — Commissioner finding dismissal substantively unfair due to lack of intent to deceive and considering mitigating factors such as long service — Review application dismissed as the commissioner's decision fell within the band of reasonableness.
Delict — Unlawful arrest and detention — Plaintiff claiming damages for unlawful arrest without a warrant — Defendant failing to prove reasonable suspicion as required under s 40(1)(b) of the Criminal Procedure Act 51 of 1977 — Court finding arrest unlawful and awarding damages of R600,000 with interest from date of judgment.
Administrative Law — Review of administrative decisions — Approval of building plans — Applicant challenging the City of Cape Town's approval of building plans for non-compliance with the Development Management Scheme — Court interpreting Item 41(e)(i) of the Scheme and extending the 180-day period for review under PAJA — Decisions reviewed but not set aside, with appropriate declaratory orders issued regarding building line requirements.
Appeal — Leave to appeal — Rule 43 proceedings — Respondent applying for leave to appeal against refusal of postponement application — Section 16(3) of the Superior Courts Act 10 of 2013 bars appeals of Rule 43 orders — Court finding that refusal of postponement application is not appealable — Respondent's attorneys ordered to pay costs on an attorney and client scale de bonis propriis due to persistent application despite clear legal bar — Application for leave to appeal dismissed.
Labour Law — Review of arbitration award — Applicant seeking review of dismissal for incapacity — Claim of gross irregularity in arbitration proceedings — Court finding that the arbitrator applied his mind to the evidence and reached a reasonable conclusion — Review application dismissed with no order as to costs.
Labour Law — Review of arbitration award — Application to review and set aside arbitration award of CCMA — Commissioner finding dismissal of employee procedurally fair but substantively unfair due to lack of evidence of disclosure of confidential information — Court considering whether the Commissioner misconceived the nature of the enquiry and whether the outcome was reasonable — Court finding that the Commissioner did not err in his conclusion that dismissal was not an appropriate sanction for the breach of policy.
Criminal Procedure — Leave to appeal — Application for leave to appeal against sentence — Appellant contends sentence induces a sense of shock — Court assesses whether there is a reasonable prospect of success on appeal — Leave granted for full bench to consider the appeal.
Restraint of trade — Leave to appeal — Applicants seeking leave to appeal against judgment enforcing restraint of trade and confidentiality provisions in employment contracts — Court finding no reasonable prospects of success for appeal — Applications for leave to appeal dismissed with costs.
Damages — Loss of earnings — Plaintiff claiming damages for loss of earnings due to injuries sustained in a motor vehicle accident — Defendant conceding liability but disputing contingency deductions — Court determining appropriate contingency deductions of 8% for uninjured and 45% for injured scenarios based on actuarial calculations — Plaintiff entitled to payment of calculated loss of earnings and costs.
Summary Judgment — National Credit Act — Enforcement of credit agreement — Applicants seeking summary judgment for outstanding debt under mortgage agreement — Respondent claiming non-receipt of s 129 notice and disputing default — Court finding that statutory delivery of notice was not sufficiently established by applicants — Summary judgment refused pending compliance with statutory requirements.
Summary Judgment — Grain purchase agreement — Applicant seeking summary judgment for alleged overpayment to Trust — Respondents disputing existence of agreement and suretyship — Court finding bona fide defences and triable issues disclosed by respondents — Summary judgment refused and leave to defend granted.
Labour Law — Rescission of court order — Application for rescission of order dismissing review application for unfair dismissal — Applicant not receiving notice of set down due to incorrect email address — Court finding that order was erroneously made in absence of Applicant — Rescission application granted.