Labour Law — Unfair dismissal — Appellant dismissed for alleged misconduct involving assault on manager — CCMA finding dismissal substantively and procedurally fair — Labour Court dismissing review application — Appeal against dismissal of review application — Court finding that the Commissioner properly considered evidence and made credibility findings — Appeal dismissed.
Legal Practice — Security for costs — Application for security for costs by the South African Legal Practice Council against a suspended attorney — Respondent's history of non-payment of costs orders and vexatious litigation — Court orders respondent to furnish security for costs in pending review application within 20 days, with punitive costs awarded to the applicant.
Insolvency Law — Rescission of order — Application for rescission of a default order granted against the City of Johannesburg Metropolitan Municipality — Liquidators of V&H Bono Furniture Manufacturers (Pty) Ltd seeking compliance with section 118(1) of the Local Government: Municipal Systems Act — Court finding that the City had actual knowledge of the order and failed to respond appropriately — Rescission application granted, leading to the dismissal of the contempt application and related matters.
Appeal — Leave to appeal — Application for leave to appeal against judgment — Respondents raising new grounds of appeal not previously argued — Court finding no reasonable prospects of success on new grounds — Application for leave to appeal refused with costs awarded to the applicant.
Urgent Applications — Self-created urgency — Applicant seeking to stay execution of a warrant issued pursuant to a 2018 judgment — Court finding that the applicant delayed in launching the application, creating its own urgency — Application struck off the roll for lack of urgency and costs awarded against the applicant.
Administrative Law — Access to Information — Promotion of Access to Information Act — Applicant seeking order compelling CIPC to comply with PAIA request — Tribunal finding it lacks jurisdiction to entertain application as the relief sought is not empowered by the Companies Act — Application dismissed for want of jurisdiction.
Companies Tribunal — Jurisdiction — Application for default order against directors of homeowners association — Applicant seeking compliance with adjudication order from Community Scheme Ombud Service — Tribunal lacking jurisdiction to enforce compliance or declare directors delinquent under Section 162 of the Companies Act — Application dismissed for lack of jurisdiction.
Eviction — Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 — Applicant, a 70-year-old pensioner, evicted from night shelter without court order — Court determining whether night shelter constitutes a 'home' under the PIE Act — Finding that the PIE Act applies to the Haven Night Shelter, and that the applicant's eviction was unlawful due to non-compliance with the Act's requirements.
Compensation for Occupational Injuries and Diseases Act — Permanent disablement — Appeals against Tribunal's determination of permanent disablement percentages — Court adopting a purposive approach to COIDA, emphasizing the injured worker's right to dignity and proper judicial discretion in assessing claims — Tribunal's mechanical application of disability percentages found inadequate — Appeals upheld, declaring total permanent disablement as 100% for both claimants.
Labour Law — Review of arbitration award — Section 145 of the Labour Relations Act — Employee dismissed for unauthorized absence after prolonged medically-certified absence due to major depressive disorder — Commissioner ruling incapacity irrelevant and excluding evidence — Failure to determine categorization of dismissal as misconduct or incapacity — Gross irregularity affecting outcome — Award set aside and dispute remitted for fresh enquiry before different commissioner.
Contempt of Court — Urgent application for contempt — Applicant seeking to hold first and third respondents in contempt for violating an interim interdict — Court finding that the respondents' actions constituted clear defiance of the court order — Committal ordered, suspended on strict conditions, with costs awarded on an attorney and client scale.
Insolvency Law — Provisional liquidation — Application for provisional liquidation of a company — Applicant establishing inability of Respondent to pay debts as per s344(f) and s345 of the Companies Act 61 of 1973 — Respondent failing to make payments due under loan agreements — Court finding that the Applicant met the requirements for a provisional winding-up order — No basis to exercise discretion against making the order despite Respondent's procedural objections.