Labour Law — Dismissal — Review of arbitration award — Senior public service employee dismissed for failure to attend meetings and alleged breach of fiduciary duties — Commissioner finding dismissal substantively unfair and ordering reinstatement — Labour Court dismissing review application — Appeal to Labour Appeal Court — Court finding Commissioner's findings reasonable and supported by evidence — Dismissal not proportionate sanction for failure to attend meetings — Appeal dismissed.
Personal Injury Law - Road Accident Fund - General damages - Plaintiff claiming general damages and loss of income due to injuries sustained in an accident - Court finding Plaintiff entitled to R1 000 000 for general damages and R608 714 for loss of income after considering expert evidence and the issue of contingencies - Defendant's failure to produce expert evidence resulted in uncontroverted Plaintiff's claims.
Labour Law — Strike action — Secondary strike — Applicants claiming automatic unfair dismissal for participating in secondary strike — Court determining whether secondary strike was protected under s 66 of the LRA — Applicants failing to prove that respondent received notice of strike as required by s 66(2)(b) — No commercial relationship between respondent and primary employer — Secondary strike deemed unprotected — Dismissals not automatically unfair as per s 187(1)(a) of the LRA.
Contract — Lease Agreement — Suretyship — Applicant seeking payment of arrear rental and damages from first respondent for breach of lease agreement — Respondents contesting the arrear rental calculation and the validity of the suretyship — Court finding that the applicant established the arrear rental and that the suretyship remains valid — Application granted in favor of the applicant.
Delict — Road Accident Fund — Claim for damages arising from a motor vehicle collision — Plaintiff, a cyclist, alleging collision with an unidentified bakkie — Court finding that the plaintiff established the occurrence of the accident and the negligence of the unidentified driver — Evidence from the plaintiff and a witness corroborating the incident despite the absence of an Official Accident Report — Court ruling in favor of the plaintiff on the merits of the case.
Contract — Employment — Buyout clause — Employee claiming outstanding salary and leave pay — Employer relying on buyout clause to set off debt — Court finding buyout clause valid and enforceable — Employee failing to establish contravention of BCEA or Conventional Penalties Act — Counterclaim upheld for balance after set-off — Application dismissed.
Family Law — Divorce — Rule 43(6) application for contribution towards legal costs — Applicant seeking further contribution due to inability to fund trial preparation — Respondent opposing and seeking maintenance pendente lite — Court finding Applicant demonstrated need for contribution and Respondent's financial ability to contribute — Urgency established due to impending trial date and Applicant's dire financial situation — Respondent's counter-application for maintenance dismissed as unsubstantiated.
Contract — Agency — Summary judgment — Plaintiff seeking summary judgment for recovery of rental income collected by defendants on his behalf — Defendants initially denying allegations but later claiming arrangement constituted a loan under the National Credit Act — Court finding that the arrangement was not a loan but an agency for collection and administration of rental income — Summary judgment granted in favor of the plaintiff for the outstanding amount.
Competition Law — Discovery Orders — Appeal against Competition Tribunal's discovery orders — Merger parties contesting the jurisdiction of the Tribunal and the appealability of the orders — Court finding that the orders are not final and do not exceed the Tribunal's jurisdiction — Appeal dismissed with costs.
Civil Procedure — Summary judgment — Defendant opposing summary judgment on grounds of lack of locus standi and alleged insolvency of plaintiff — Court determining whether defendant raised bona fide defence or triable issue — Plaintiff's failure to adequately address amended plea — Defendant providing security for judgment — Leave to defend granted due to triable issues raised.
Delict — Personal injury — Claim for damages arising from train accident — Plaintiff sustaining severe injuries due to open train doors — Defendant admitting liability for 50% of damages — Dispute over type of prosthesis and associated medical costs — Court determining entitlement to myoelectric prosthesis and associated expenses based on expert evidence and joint minutes.
Employment Law — Unfair discrimination — Applicant alleging discrimination in non-appointment for Manager position — CCMA dismissing claim on grounds of insufficient evidence of arbitrary discrimination — Court finding that applicant failed to identify a clear arbitrary ground and that the decision of the CCMA was rational and based on the evidence presented.