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Sindane V Prestige Cleaning Services
''Sindane v Prestige Cleaning Services'' is an important case in South African law, heard in the Labour Court, Johannesburg, on August 28, 2009. Judge Annali Basson presided. David Sindane, bringing an application in terms of section 191(5)(b)(ii) of the Labour Relations Act, appeared for himself; JH de Villiers Botha appeared for the respondent. Facts When one of the respondent's clients scaled down its cleaning requirements, the services of the applicant and a colleague were terminated. Arguments The applicant claimed that he had been unfairly dismissed for the respondent's operational requirements. The respondent claimed that his services had terminated according to the terms of his fixed-term contract, which provided that it would last only while the client required his services, and denied that the applicant had been dismissed. Judgment Dealing first with whether or not the applicant was dismissed, the court noted that, if the respondent's argument were to be accepte ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
South African Law
South Africa has a 'hybrid' or 'mixed' legal system, formed by the interweaving of a number of distinct legal traditions: a civil law system inherited from the Dutch, a common law system inherited from the British, and a customary law system inherited from indigenous Africans (often termed African Customary Law, of which there are many variations depending on the tribal origin). These traditions have had a complex interrelationship, with the English influence most apparent in procedural aspects of the legal system and methods of adjudication, and the Roman-Dutch influence most visible in its substantive private law. As a general rule, South Africa follows English law in both criminal and civil procedure, company law, constitutional law and the law of evidence; while Roman-Dutch common law is followed in the South African contract law, law of delict (tort), law of persons, law of things, family law, etc. With the commencement in 1994 of the interim Constitution, and in 1 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Labour Court Of South Africa
The Labour Court is a South African court that handles labour law cases, that is, disputes arising from the relationship between employer, employee and trade union. The court was established by the Labour Relations Act, 1995, and has a status similar to that of a division of the High Court. It has its seat in Johannesburg and branches in Cape Town, Port Elizabeth and Durban. Judges of the Labour Court, who must be High Court judges or lawyers with experience in labour law, are appointed by the President, acting on the advice of the Judicial Service Commission and the National Economic Development and Labour Council. The court is headed by a Judge President (JP) and a Deputy Judge President (DJP) and there are nine other judges on the court. Each case before the court is heard by a single judge. The Labour Court has exclusive jurisdiction over cases arising from the Labour Relations Act, 1995, which deals with collective bargaining, trade unions, strikes and lockouts, unfa ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Johannesburg
Johannesburg ( , , ; Zulu and xh, eGoli ), colloquially known as Jozi, Joburg, or "The City of Gold", is the largest city in South Africa, classified as a megacity, and is one of the 100 largest urban areas in the world. According to Demographia, the Johannesburg–Pretoria urban area (combined because of strong transport links that make commuting feasible) is the 26th-largest in the world in terms of population, with 14,167,000 inhabitants. It is the provincial capital and largest city of Gauteng, which is the wealthiest province in South Africa. Johannesburg is the seat of the Constitutional Court, the highest court in South Africa. Most of the major South African companies and banks have their head offices in Johannesburg. The city is located in the mineral-rich Witwatersrand range of hills and is the centre of large-scale gold and diamond trade. The city was established in 1886 following the discovery of gold on what had been a farm. Due to the extremely large gold de ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Annali Basson
Annali Christelle Basson (born 10 October 1960) is a South African judge of the High Court of South Africa. She was appointed to the Gauteng Division in January 2016 after serving in the Labour Court from 2007 to 2016. Before her appointment to the bench, she was a legal academic at the University of South Africa, where she specialised in labour law and mercantile law. She was an acting judge in the Constitutional Court in 2018 and was shortlisted for permanent appointment to that court in 2019. Early life and education Basson was born on 10 October 1960 in Pretoria. She matriculated in 1978 at the Afrikaanse Hoër Meisieskool Pretoria and went on to the University of Pretoria, where she completed a BLC in 1982 and an LLB in 1984. Later, in 1990, she completed an LLD at the University of South Africa, focusing on second-generation human rights with a labour law perspective. Basson later said that her doctoral research emerged from her own personal commitment to human ri ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
SA Post Office V Mampeule
''SA Post Office Ltd v Mampeule'' is an important case in South African labour law, heard in the Labour Court. Facts The South African Post Office (SAPO) sought a declaratory order that the termination of a certain Mr K. Mampeule's employment, as a direct result of his removal on May 21, 2007, from SAPO's board of directors, did not constitute a dismissal for purposes of section 186(1)(a) of the Labour Relations Act (LRA). This proposition was founded on a term of Mampeule's contract of employment with SAPO, read together with SAPO's Articles of Association, to the effect that his removal from SAPO's Board gave rise unavoidably to the automatic and simultaneous termination of his employment contract with SAPO. Mampeule was appointed as SAPO's Chief Executive Officer on a five-year fixed-term contract. In terms of the said contract of employment, the employment relationship could be terminated on any of four grounds, namely: # automatically upon expiry of the five-year period; # ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
South African Labour Law
South African labour law regulates the relationship between employers, employees and trade unions in the Republic of South Africa. History The Native Labour Regulations Act 1911 prohibited strikes by trade unions, introduced wage ceilings and a pass system for moving around jobs. Over 70,000 Chinese labourers were brought in, and used by landowners to undercut the wages of other workers. Among white workers, there was significant unrest, and major strikes took place in 1907, 1913, 1914 and 1922 For a period of sixteen years, from 1979 to 1995, several critical developments occurred in the field of labour law in South Africa, beginning with a radical change in the first of these years, when a significant Commission of Enquiry was held, resulting in the establishment of an Industrial Court, which was given extensive powers to mould, change, shape and develop the law. Prior to 1995, most labour relations were based on contracts. In 1995, much of the law developed by the Commissi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Igbo V Johnson Matthey Chemicals Ltd
''Igbo v Johnson, Matthey Chemicals Ltd'' 986ICR 505 is a UK labour law case, concerning unfair dismissal In labour law, unfair dismissal is an act of employment termination made without good reason or contrary to the country's specific legislation. Situation per country Australia (See: '' unfair dismissal in Australia'') Australia has long-standing ..., now governed by the Employment Rights Act 1996. Facts Ms Igbo was granted three extra days holiday for signing an agreement that if she failed to return on a set date ‘your contract of employment will automatically terminate’. She was ill, and sent in a medical note, but her job was still terminated. Judgment Parker LJ held that agreed terminations are very often still dismissals, as under the Employment Rights Act 1996 section 95(1)(b) where fixed term contracts expire, or where there is notice under section 95(1)(a). Here the provision for automatic termination had the effect, if valid, of limiting the operation of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
SA Post Office Ltd V Mampeule
''SA Post Office Ltd v Mampeule'' is an important case in South African labour law, heard in the Labour Court. Facts The South African Post Office (SAPO) sought a declaratory order that the termination of a certain Mr K. Mampeule's employment, as a direct result of his removal on May 21, 2007, from SAPO's board of directors, did not constitute a dismissal for purposes of section 186(1)(a) of the Labour Relations Act (LRA). This proposition was founded on a term of Mampeule's contract of employment with SAPO, read together with SAPO's Articles of Association, to the effect that his removal from SAPO's Board gave rise unavoidably to the automatic and simultaneous termination of his employment contract with SAPO. Mampeule was appointed as SAPO's Chief Executive Officer on a five-year fixed-term contract. In terms of the said contract of employment, the employment relationship could be terminated on any of four grounds, namely: # automatically upon expiry of the five-year period; # ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Butterworths Labour Law Reports
Case citation is a system used by legal professionals to identify past court case decisions, either in series of books called reporters or law reports, or in a neutral style that identifies a decision regardless of where it is reported. Case citations are formatted differently in different jurisdictions, but generally contain the same key information. A legal citation is a "reference to a legal precedent or authority, such as a case, statute, or treatise, that either substantiates or contradicts a given position." Where cases are published on paper, the citation usually contains the following information: * Court that issued the decision * Report title * Volume number * Page, section, or paragraph number * Publication year In some report series, for example in England, Australia and some in Canada, volumes are not numbered independently of the year: thus the year and volume number (usually no greater than 4) are required to identify which book of the series has the case reporte ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
SA Rugby (Pty) Ltd V CCMA & Others
The South African Rugby Union (SARU) is the governing body for rugby union in South Africa and is affiliated to World Rugby. It was established in 1992 as the South African Rugby Football Union, from the merger of the South African Rugby Board and the non-racial South African Rugby Union (SACOS), and took up its current name in 2005. SARU organises several national teams, most notably the senior national side, the '' Springboks''. History The South African Rugby Board was the rugby union governing body of white South Africans between 1880 and 1992. The governing of white and coloured rugby union was handled separately during South Africa under Apartheid. On 23 March 1992 the non-racial South African Rugby Union and the South African Rugby Board were merged to form the South African Rugby Football Union. The unified body changed its name in 2005 to the current South African Rugby Union. The debacle of the 2003 World Cup saw the Springboks exit in the quarterfinals. Further, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Industrial Law Journal Including The Industrial Law Reports
Case citation is a system used by legal professionals to identify past court case decisions, either in series of books called reporters or law reports, or in a neutral style that identifies a decision regardless of where it is reported. Case citations are formatted differently in different jurisdictions, but generally contain the same key information. A legal citation is a "reference to a legal precedent or authority, such as a case, statute, or treatise, that either substantiates or contradicts a given position." Where cases are published on paper, the citation usually contains the following information: * Court that issued the decision * Report title * Volume number * Page, section, or paragraph number * Publication year In some report series, for example in England, Australia and some in Canada, volumes are not numbered independently of the year: thus the year and volume number (usually no greater than 4) are required to identify which book of the series has the case reporte ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Companies Act
Companies Act (with its variations) is a stock short title used for legislation in Botswana, Hong Kong, India, Kenya, Malaysia, New Zealand, South Africa and the United Kingdom in relation to company law. The Bill for an Act with this short title will usually have been known as a Companies Bill during its passage through Parliament. Companies Acts may be a generic name either for legislation bearing that short title or for all legislation which relates to company law. List Botswana *The Companies Act 2007 India *The Indian Companies Act 1882 *The Companies Act 1913 *The Companies Act 1956 *The Companies Act 2013 Kenya * The Companies Act 1962 (Cap 486) * The Companies Act 2015 Malaysia *The Companies Act 1965 New Zealand * Companies Act 1993 (originallJoint Stock Companies Act 1860 Singapore *The Companies Act 1967 (Cap 50) Brunei *The Companies Act 1984 South Africa *The Companies Act, 1973 *The Companies Act, 2008 United Kingdom *The Royal Exchange and London A ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
