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| September 2004 |
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The applicant’s factual challenge did not raise a point of law; the Supreme Court lacked jurisdiction and struck the appeal off the roll with costs.
Labour law — Appeal from Labour Relations Tribunal — Section 92(c) Labour Relations Act — Appeal lies only on points of law — Factual findings not reviewable by Supreme Court — Appeal struck off the roll with costs
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29 September 2004 |
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The appellant's dismissal was upheld for misconduct committed while a final written warning remained operative.
Employment law — Misconduct and progressive sanctions — Final written warning in force — Subsequent similar misconduct justifies dismissal; quantum of loss and internal procedural lapses immaterial once offence admitted
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27 September 2004 |
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A voluntary resignation and settlement, without duress, precluded a later unfair dismissal appeal to the Tribunal.
Labour law – dismissal dispute – resignation and negotiated settlement – effect of signing resignation, receipt and release – abandonment of domestic remedies – Tribunal's misdirection by ignoring documentary evidence
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26 September 2004 |
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Failure to follow a registered Code of Conduct and natural justice renders dismissal unlawful; employer liable for suspended pay.
Labour law — Registered Code of Conduct — Procedural compliance required before dismissal — Natural justice — Failure to follow Code renders dismissal unlawful — Remedy: payment for period of suspension where reinstatement not sought
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22 September 2004 |
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Appeal dismissed: provisional judicial management upheld where indebtedness, mismanagement and just-and-equitable factors were established.
Companies law – provisional judicial management – statutory requirements under ss 205(c), 299(1)(a) and 300(a) – inability to pay, mismanagement and just and equitable test – appellate restraint in reviewing exercise of judicial discretion – admissibility of post-filing allegations in answering affidavit
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22 September 2004 |
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A notice of appeal omitting the decision date is fatally defective; cannot be amended and requires a fresh notice plus extension and condonation.
Civil procedure – appeals – notice of appeal – requirement to state date of decision – failure to state date renders notice fatally defective – nullity cannot be amended – remedy is fresh notice with application for extension and condonation; costs de bonis propriis against counsel for negligent conduct
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20 September 2004 |
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Appeals from Court Martial must first go to a Court Martial Appeal Court of High Court judges; Supreme Court lacks direct jurisdiction.
Defence Act — ss 78, 79 and insertion of s 88A by Magistrates Court Amendment Act No.9/1997 — Court Martial appeals — Composition of Court Martial Appeal Court changed to High Court judges appointed by Judge President — appellate route: Court Martial → Court Martial Appeal Court → Supreme Court
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13 September 2004 |
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Whether the court should relax in pari delicto to order restitution for money lost in illegal foreign-exchange transactions.
Exchange control/illegal foreign-exchange dealings – in pari delicto potior est conditio possidentis – restitution claims where money lost to third-party fraudsters – unjust enrichment – appellate deference to trial findings on credibility
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9 September 2004 |
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Persistent defiance of court orders and absence of good grounds justified dismissal of rescission application and appeal.
Civil procedure – eviction – default judgment and warrant of eviction – application for rescission – persistent defiance of court orders and contempt – failure to establish good cause – appeal dismissed with costs
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9 September 2004 |
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Repeated use of fabricated exchange rates and implausible explanations established dishonesty, justifying dismissal; appeal dismissed.
Employment law – Misconduct – Dishonesty – Use of incorrect exchange rates and falsification of records – Burden and standard of proof on balance of probabilities – Reasonableness of Tribunal findings – Dismissal justified where employee acted deliberately and was under final warning
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9 September 2004 |
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An employee who signs and accepts benefits under a written mutual termination agreement is bound absent duress or lack of knowledge.
Labour law – termination by mutual agreement – written agreement binding absent allegation of duress or lack of knowledge – effect of employee accepting terminal benefits – irrationality of Tribunal finding
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8 September 2004 |
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Whether a probationary employee can be reinstated after dismissal for dishonesty despite employer's procedural defaults.
Employment law — Probationary dismissal — Dishonesty by security guard — Effect of employer’s non-attendance at hearings — Review of Labour Relations Tribunal order
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8 September 2004 |
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The appellant's dismissal application was time‑barred: failure to prove a timely referral under the Labour Relations Act led to dismissal of the appeal.
Labour law – Prescription of application to dismiss – s 94(1)(b) Labour Relations Act – 180 days – Referral date; Evidence burden to prove timely referral; Remittal for rehearing and jurisdiction to consider prescription
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6 September 2004 |