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Citation
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Judgment date
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| December 2013 |
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Default judgment rescinded where counsel's illness, prompt application and balance of convenience established good and sufficient cause.
Labour law — rescission of default judgment — good and sufficient cause — reason for default (counsel illness and attempted postponement) — prompt application, prospects of success, balance of convenience.
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5 December 2013 |
| November 2013 |
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No constructive dismissal; vacation leave accrues from start but paid leave requires one year; housing allowance and higher salary awards reversed.
Labour law — constructive dismissal — burden to prove employer rendered employment intolerable; Vacation leave — s14A interpretation: accrual from commencement, paid leave requires completion of first year; Contractual benefits — no housing allowance without evidence; Onus of proof — employee must prove salary increases.
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21 November 2013 |
| October 2013 |
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Urgent stay dismissed due to delay, contempt (non‑compliance) and procedural defects in the chamber application.
Labour law – urgency – stay of execution pending appeal – delay and non‑compliance with interim orders (dirty hands) – procedural defects in chamber applications – court’s discretion and adherence to rules.
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24 October 2013 |
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Insufficient evidence and procedural gaps rendered the dismissal unjustified; appellant reinstated or awarded damages.
Labour law – unfair dismissal – sufficiency of evidence to prove theft/fraud/forgery – use of co-worker’s gate pass – failure to call key witness (supervisor) – parity/equity in disciplinary sanctions – reinstatement or damages.
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10 October 2013 |
| September 2013 |
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Referral under section 101(6) precludes employer post-referral discipline; arbitral reinstatement upheld and appeal dismissed.
Labour law – section 101(6) referral to Labour Officer – effect on employer disciplinary proceedings – arbitral nullification of post-referral discipline – appeal v. review – factual findings not appealable.
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11 September 2013 |