Labour Law — Unfair labour practice — Review of arbitration award — Applicant claiming unfair conduct in promotion process — City of Cape Town engaging in headhunting contrary to Municipal Staff Regulations — Commissioner finding no unfair practice — Court finding material error of law in Commissioner’s interpretation of Regulations — Award reviewed and compensation awarded for unfair labour practice.
Appeal — Rescission of default judgment — Appellant seeking rescission of default judgment granted in absence — Court finding that default judgment was void ab origine due to lack of proper notification of trial date — Appeal upheld and default judgment rescinded.
Local Government — Council Meetings — Validity of Special Council Meeting — Applicants challenging the validity of a Special Council Meeting held by the Elundini Local Municipality on grounds of inadequate notice and improper convening — Court finding that notice was sufficiently communicated via WhatsApp and email, thus meeting statutory requirements — Applicants' claims of procedural impropriety dismissed, and the resolutions taken at the meeting upheld.
Labour Law — Unfair dismissal — Review of CCMA award — Applicant dismissed for misconduct related to communications with SAHRC chairperson — CCMA finding dismissal substantively and procedurally fair — Applicant challenging dismissal on grounds of irregularities in the disciplinary process — Court finding no merit in claims regarding the authority to dismiss and procedural fairness — Review application dismissed.
Prescription — Special plea of prescription — Appellants contesting validity of service of summons — Respondent's claim deemed prescribed due to improper service on only one trustee — Court finding that service on both trustees is necessary for valid interruption of prescription — Appeal upheld, special plea of prescription granted, and respondent's claim dismissed with costs.
Civil Procedure — Summary judgment — Condonation for late filing — Plaintiff seeking summary judgment for cancellation of instalment sale agreement and return of vehicle — Defendant failing to raise bona fide defence and not complying with procedural rules — Court granting summary judgment and confirming cancellation of agreement, directing return of vehicle, and postponing claim for damages.
Labour Law — Review of arbitration award — Section 142A of the Labour Relations Act — Employer challenging validity of settlement agreement on grounds of lack of authority — Court finding jurisdictional requirements for making settlement an arbitration award satisfied — Review application dismissed as the commissioner correctly exercised her powers under section 142A.
Labour Law — Review of arbitration award — Interpretation of collective agreement — Applicant challenging the requirement for breathalyser tests as part of access control — Arbitrator finding that the clause in the collective agreement permitted such measures — Court dismissing the review application, affirming the Arbitrator's interpretation as reasonable and clear.
Labour Law — Review of arbitration award — Applicant seeking review of dismissal arbitration award claiming unfair dismissal — Arbitrator finding no reasonable expectation of permanent employment due to lack of authority of the individual who made the promise — Court upholding the Arbitrator's decision, confirming that the Applicant was not dismissed and that the appointment was validly terminated at the end of the fixed term.
Administrative Law — Interlocutory Orders — Urgent application for suspension of demolition order — Applicants contending that demolition order was suspended pending appeal — Court granting temporary holding order to prevent irreversible harm — Orders did not determine merits of underlying application but preserved status quo until proper hearing could occur.
Bail — Application for bail pending trial — Appellant charged with three counts of rape — Application for bail dismissed by lower court — Appellant appealing denial of bail — Court considering exceptional circumstances as per section 60(11)(a) of the Criminal Procedure Act — Court finding no misdirection by lower court in its assessment of the strength of the state's case and the seriousness of the charges — Appeal dismissed.
Bail — Refusal of bail — Appeal against refusal of bail by District Magistrate — Appellant charged with serious offenses under the Prevention of Organized Crime Act and murder — Court finding that the Appellant failed to establish exceptional circumstances justifying release on bail — Evidence indicating likelihood of influencing witnesses and undermining the criminal justice system — Appeal dismissed.