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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] |
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] |
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] |
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] |
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] |
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] |
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] |
Labour Relations Act
Labour or labor may refer to: * Childbirth, the delivery of a baby * Labour (human activity), or work ** Manual labour, physical work ** Wage labour, a socioeconomic relationship between a worker and an employer ** Organized labour and the labour movement, consisting principally of labour unions ** The Labour Party (UK) Literature * ''Labor'' (journal), an American quarterly on the history of the labor movement * ''Labour/Le Travail'', an academic journal focusing on the Canadian labour movement * ''Labor'' (Tolstoy book) or ''The Triumph of the Farmer or Industry and Parasitism'' (1888) Places * La Labor, Honduras * Labor, Koper, Slovenia Other uses * ''Labor'' (album), a 2013 album by MEN * Labor (area), a Spanish customary unit * "Labor", an episode of TV series '' Superstore'' * Labour (constituency), a functional constituency in Hong Kong elections * Labors, fictional robots in ''Patlabor'' People with the surname * Earle Labor (born 1928), professor of American litera ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
2009 In South African Law
9 (nine) is the natural number following and preceding . Evolution of the Arabic digit In the beginning, various Indians wrote a digit 9 similar in shape to the modern closing question mark without the bottom dot. The Kshatrapa, Andhra and Gupta started curving the bottom vertical line coming up with a -look-alike. The Nagari continued the bottom stroke to make a circle and enclose the 3-look-alike, in much the same way that the sign @ encircles a lowercase ''a''. As time went on, the enclosing circle became bigger and its line continued beyond the circle downwards, as the 3-look-alike became smaller. Soon, all that was left of the 3-look-alike was a squiggle. The Arabs simply connected that squiggle to the downward stroke at the middle and subsequent European change was purely cosmetic. While the shape of the glyph for the digit 9 has an ascender in most modern typefaces, in typefaces with text figures the character usually has a descender, as, for example, in . The mo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
2009 In Case Law
9 (nine) is the natural number following and preceding . Evolution of the Arabic digit In the beginning, various Indians wrote a digit 9 similar in shape to the modern closing question mark without the bottom dot. The Kshatrapa, Andhra and Gupta started curving the bottom vertical line coming up with a -look-alike. The Nagari continued the bottom stroke to make a circle and enclose the 3-look-alike, in much the same way that the sign @ encircles a lowercase ''a''. As time went on, the enclosing circle became bigger and its line continued beyond the circle downwards, as the 3-look-alike became smaller. Soon, all that was left of the 3-look-alike was a squiggle. The Arabs simply connected that squiggle to the downward stroke at the middle and subsequent European change was purely cosmetic. While the shape of the glyph for the digit 9 has an ascender in most modern typefaces, in typefaces with text figures the character usually has a descender, as, for example, in . The mod ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
South African Labour Case Law
South is one of the cardinal directions or compass points. The direction is the opposite of north and is perpendicular to both east and west. Etymology The word ''south'' comes from Old English ''sūþ'', from earlier Proto-Germanic ''*sunþaz'' ("south"), possibly related to the same Proto-Indo-European root that the word ''sun'' derived from. Some languages describe south in the same way, from the fact that it is the direction of the sun at noon (in the Northern Hemisphere), like Latin meridies 'noon, south' (from medius 'middle' + dies 'day', cf English meridional), while others describe south as the right-hand side of the rising sun, like Biblical Hebrew תֵּימָן teiman 'south' from יָמִין yamin 'right', Aramaic תַּימנַא taymna from יָמִין yamin 'right' and Syriac ܬܰܝܡܢܳܐ taymna from ܝܰܡܝܺܢܳܐ yamina (hence the name of Yemen, the land to the south/right of the Levant). Navigation By convention, the ''bottom or down-facing side'' of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
