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Citation
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Judgment date
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| November 2005 |
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Dismissal was unlawful where employee was convicted of an offence not charged; late time-bar point properly refused.
Labour law — disciplinary proceedings — conviction for offence not charged — irregular trial and unfair dismissal; procedural fairness — belated raising of time-bar point; reinstatement and costs.
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20 November 2005 |
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The appellant’s failure to appeal in time and to seek condonation rendered subsequent arbitration proceedings null, validating reinstatement.
Labour relations — Jurisdiction of labour relations officer; appeal period to senior labour relations officer (14 days); condonation for late appeal; nullity of unauthorized arbitration proceedings; s 93 of Labour Relations Act repealed/substituted; reinstatement.
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14 November 2005 |
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Condonation refused for unexplained delay, non-compliance with Rule 34, and failure to show prospects of success.
Civil procedure – condonation for late noting of appeal – explanation for delay – compliance with Supreme Court Rules r 34 – record preparation and payment – appeal lapsed under r 34(5) – prospects of success.
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8 November 2005 |
| October 2005 |
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Internal disciplinary enquiries governed by a Code do not confer an absolute right to legal representation; no bias found and concealment conviction upheld.
Employment law – internal disciplinary enquiries – bias – investigator vs hearing officer – procedural fairness; right to legal representation – no absolute right at domestic disciplinary hearings; Code of Conduct governs representation; concealment of business irregularity – conviction upheld.
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23 October 2005 |
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Back-pay runs to the reinstatement date; damages limited to a reasonable job-search period at the reinstatement salary rate.
Labour law – reinstatement with retrospective effect – back-pay payable to date of reinstatement; Wrongful dismissal – quantum of damages based on reasonable job search period and evidential foundation; Salary rate for damages – rate operative at reinstatement date; Post-reinstatement benefits introduced later not payable as contractual back-pay; Court’s power to call evidence (s 89(2)(a)(i)) to determine damages.
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23 October 2005 |
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Appeal dismissed: murder conviction and death sentence upheld where premeditation proven and no extenuating circumstances.
Criminal law – Murder – Premeditation and lying in wait – No extenuating circumstances or provocation where ample time elapsed between earlier assault and killing – Death sentence upheld.
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23 October 2005 |
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Where unlawful collective job action is proved, termination follows automatically and the labour relations officer must order dismissal.
Labour relations — Regulations SI 371/85 s 3(2)(a) — unlawful collective job action — once grounds of suspension proved, labour relations officer must terminate employment — no discretion to reinstate; procedural irregularity (incorrect addressee) does not prevent operation of automatic termination.
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16 October 2005 |
| September 2005 |
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Court condoned late request for record despite unsatisfactory explanation to allow dispute over alleged settlement to be litigated.
Civil procedure — condonation of delay — appeal deemed to have lapsed for failure to deposit costs or give undertaking (Rule 34(1)) — court's discretion to grant relief on cause shown (Rule 31(5)) — disputed verbal settlement and requirement of mutual approval of written settlement draft
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12 September 2005 |
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Application for condonation to note appeal out of time dismissed for unjustified delay and procedural non-compliance.
Civil procedure — extension of time/leave to appeal — condonation — adequacy of explanation for delay; applicant responsibility for delay; compliance with procedural rules (Rule 15(2), Rule 31(1)); inability to assess prospects of success without the judgment.
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12 September 2005 |
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Appellant failed to prove lawful purchase of immovable at execution sale; occupation unlawful and eviction affirmed.
Property law – execution sales – attachment of movables only – writ of execution from High Court does not authorize attachment/sale of immovable property – alleged notice of attachment issued out of wrong court – unlawful occupation and eviction
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11 September 2005 |
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Applicants' long inaction in face of registered ownership barred relief to prevent sale; appeal dismissed with costs.
Succession and customary law — registered tenancy and sale — effect of long delay and failure to protect claimed succession rights — acquiescence/laches/prescription principles — judicial notice of foreign customary law requires evidence; bona fide purchaser dealing with municipal authorities.
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5 September 2005 |
| June 2005 |
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Delay in execution does not permit commutation where constitutional amendment bars delay-based relief; appeal and referral dismissed.
Constitutional law – Amendment excluding delay in execution as constitutional contravention – Appeal delay – Death sentence – Whether delay entitles appellant to commutation – Procedural requirement to notify Attorney-General of prison-noted appeals.
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22 June 2005 |
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An appellate court will not disturb a 25-year murder sentence absent misdirection or a sentence inducing a sense of shock.
Criminal law – Murder – Sentence – Appeal against sentence – Appellate restraint – interference only where sentence induces a sense of shock or where there is misdirection/irregularity – brutality of assault and actual intent to kill justify heavy sentence.
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19 June 2005 |
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Leave to appeal out of time refused where delay unexplained and appeal raised factual, not legal, issues.
Labour law — appeal — leave to appeal out of time — duty to follow up when matter stood down for judgment — appeals from Labour Court to Supreme Court limited to questions of law (s92(2) Labour Relations Act).
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6 June 2005 |
| May 2005 |
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Employer entitled to withhold pay for unlawful strike; Labour Court lacked jurisdiction to grant interdict not authorised by the Labour Act.
Labour law – collective job action – unlawful strikes – "no work no pay" principle – s 107(3) and s 108(4) of the Labour Act; Civil procedure – jurisdiction of Labour Court – applications must be "in terms of this Act or any other enactment"; Interpretation of judgments – court functus officio; limits on interpreting and altering final disposal orders.
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15 May 2005 |
| March 2005 |
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If misconduct is proved the Labour Relations Officer must authorise dismissal; no mitigation discretion.
Labour law — Termination under Regulations — s 3(2) Labour Relations (Termination of Employment) Regulations 1985 — No discretion for mitigation once misconduct proved — Reinstatement vs authorisation to dismiss — Cross‑appeal requirement.
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23 March 2005 |
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Applicant's challenge to execution sale dismissed; alleged procedural non‑compliance was a factual issue not raiseable on appeal.
Civil procedure — Execution and sale in execution — High Court Rules 348, 348A, 359 — procedural compliance and objections — raising factual non‑compliance on appeal — necessity to adduce further evidence — transfer to purchaser — sale not impeachable absent bad faith or fraud.
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21 March 2005 |
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Leave granted to Attorney-General to appeal High Court's suspension of portions of sentences imposed on foreign nationals.
Appeal by Attorney-General under s44(7)
High Court Act – sentencing appeal – suspension of sentence for foreign nationals – appellate interference limited to manifest excess or misdirection – concession by State at hearing
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15 March 2005 |
| February 2005 |
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Default judgment rightly entered where opposition was not properly filed or served; post-transfer sale cannot be set aside for low price.
Civil procedure – rescission of judgment – default judgment for want of prosecution – High Court Rules require notice of opposition, opposing affidavit and proof of service – absence or improper filing/ service justifies default judgment; Sale in execution – once confirmed and transfer effected, post-transfer set-aside requires fraud, bad faith or irregularity – low purchase price insufficient
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9 February 2005 |