Court applies the principle that the fairness test should not be universally prescribed and that fairness must be considered from the viewpoint of both parties…
Court follows this recent judgment on constitutional appellate structures holding that this court has jurisdiction despite statutory attempts to vest final…
Court follows Driveline's interpretation of section 191, holding that a reason for dismissal (including automatically unfair dismissal) does not itself…
The Court considers Aunde on the interpretation of section 189(1) and the hierarchy of consultation where a collective agreement exists.
Applied to summarise the legal principles applicable to incapacity dismissals based on frequent absenteeism for illness.
The court cited this case regarding binding effect of pre-arbitration agreements.
Cited in support of the principle requiring special circumstances for special leave to appeal.
Cited for the principle of res judicata as preventing the same claim from being demanded more than once.
The court applies the principle that commissioners must take all facts into consideration to ascertain the real dispute between the parties and are not…
Cited for the proposition that the term 'mutual interest' defines the legitimate scope of collective agreements, matters to be referred to statutory…
Cited for the test that this Court must be satisfied that the matter is objectively of such importance to justify special leave to appeal from the Labour…
Cited for the analogous principle that the Commission for Conciliation, Mediation and Arbitration does not have jurisdiction to arbitrate a dispute which has…
Cited for the principle that reinstatement is the fullest redress for unfair dismissal and restores the status quo ante.
Court applies the test for special circumstances warranting special leave to appeal.
The court considered this case as one of the decisions that exposed an anomaly in section 187(1)(c) regarding lock-out dismissals, prompting the legislature to…
Cited for the rule that a respondent who wishes to cross-appeal must obtain leave to cross-appeal.
Applied for the principle that special circumstances must be present to justify an appeal beyond reasonable prospects of success.
Cited for the principle that legislation is to be interpreted textually, contextually and purposively.
Distinguished from present case because in Spinmet there was no evidence employee knew about or consented to transfer whereas here there was evidence of…
Applied for the reinstatement principle that an unfairly dismissed employee is entitled to restoration of the previous position absent countervailing reasons,…
The court applied the test for provocation as a mitigating factor set out in Tedco Plastics, namely that the provocative conduct must be such that a reasonable…
Considered for the interpretation of section 187(1)(c) on automatically unfair dismissals and the migration of disputes from collective bargaining to legal…
Cited on the prevalence of violence in strikes.
NUMSA relied on this case to argue that no employer should interfere in the internal workings of a union.
Applied to construe the meaning of s 187(1)(c) as confined to conditional dismissals and not extending to irreversible dismissals, which construction was later…
Cited with respect to the procedural route of appeals to the Supreme Court of Appeal in labour matters.
Cited for the proposition that the illegality of a strike is not a magic wand which automatically renders the dismissal of strikers fair.
Followed the approach in dealing with procedural unfairness where employees were dismissed for unprotected strike action without a disciplinary hearing, and…
Cited for the criterion for granting special leave to appeal requiring applicants to establish some additional factor or criterion beyond reasonable prospects…
Applied to explain the meaning of meaningful consultation in the context of section 189, requiring consultation in good faith and adequate information…
Cited for the principle that this Court considered international law (International Labour Organisation conventions) to interpret the rights in sections 18 and…
Applied to explain that an unfair labour practice determination involves two inquiries: whether employees are guilty of misconduct and whether the sanction was…
Cited for the proposition that re-employment on a different medical aid indicates re-employment rather than reinstatement.
The Court applies Bader Bop for the proposition that the right to strike is a component of successful collective bargaining and that constitutional rights…
Applied by the Supreme Court of Appeal to establish the high threshold for granting leave to appeal from the Labour Appeal Court.
Cited for the principle that where there has been no manifest denial of justice, no important issue of law to be determined, and the matter is not of special…
Cited for the principle that an arbitrator lacks jurisdiction if the dispute was not properly referred to conciliation.
Court cited this case which quoted with approval the definition of a dispute from Williams v Benoni Town Council.
Court cites Fry's Metals for the principle that mere dissatisfaction with a high court decision or alleged prospects of success are insufficient for special…
Cited in conjunction with Van Wyk v Unitas Hospital on the test for determining whether to hear a moot matter based on interests of justice and public interest.
The court cites this case for the principle that for a collective agreement to bind an employee not party to it, all three conditions in section 23(1)(d) of…
Applied for the principle that a guilty plea with an implausible explanation can lead to a conclusion that misconduct was committed.
Cited for the proposition that employers must consult with employees at the earliest opportunity when retrenchment is contemplated and keep an open mind…