The court applies the LAC's caution that constructive dismissal is not for the asking and that considerable irritation, frustration and tension do not suffice…
Distinguished from the present case as involving very different facts where the employer was aware of the employee's incapacity from a work accident and had…
Cited on the contentious nature of determining a review of arbitration proceedings without a record.
The court cited this case regarding the obligation of an arbitrator to assess credibility and evaluate evidence.
Cited for the principle that the Labour Court has supervisory powers over CCMA commissioners.
Cited for the principle that the mere fact an arbitrator does not mention every factor considered does not mean those factors were not considered.
Applied for the test to determine whether it is just and equitable for the Labour Court to intervene and review an interlocutory arbitration ruling before the…
Court applied this case's test for when an order or judgment is held to be erroneously granted, including circumstances of irregularity in the proceedings or…
This is the Labour Court decision that reviewed and set aside the CCMA award in this matter; the Labour Court found the dismissal unfair and set aside the…
Court follows the LAC's affirmation that where there is flagrant or gross failure to comply with court rules, condonation may be refused without considering…
Applied for the principle that it is always important to consider the merits of an appeal/application where condonation is sought because only in considering…
Court applies the principle that where there is flagrant or gross failure to comply with rules of court, condonation may be refused without considering…
Cited as authority that the condonation requirements are interrelated and must be holistically considered.
Cited as authority that a party with a very poor case that still pursues it and puts the other side to expense cannot expect to avoid a cost award simply by…
The Court applied Riekert for the principle that an employer must justify non-compliance with its own disciplinary procedures and establish that the procedure…
Court applies this case's reasoning on the court's wide discretion to consider and dismiss a review application in the face of a Rule 11 application even when…
The court cites this case for the test on review where jurisdiction is in issue, requiring a de novo determination by the court.
Cited for the principle that prospects of success are irrelevant without an explanation for delay.