Posts Tagged ‘Labour Appeal Court’
Labour Appeal Court Upholds Dismissal of Correctional Officer for Insubordination
In the matter of Department of Correctional Services v Kutu and Others (JA27/2024) [2025] ZALAC 17 (14 March 2025), the Labour Appeal Court (LAC) heard an appeal of a Labour Court ruling. The employee was employed as a Correctional Officer at the Atteridgeville Correctional Centre. On 19 July 2018, he was instructed by his unit…
Read MoreEqual Pay for Equal Work
In the matter of Passenger Rail Agency of South Africa v Hoyo (CA04/2023) [2024] ZALAC 57; [2025] 2 BLLR 160 (LAC) (6 November 2024) the Labour Appeal Court (LAC) overturned a Labour Court decision that had found the employer guilty of unfair discrimination against the employee on the basis of race and unfair discrimination. The LAC found…
Read MoreUnderlying cause in a section 197 transfer? Labour Appeal Court clarifies
The recent Labour Appeal Court (LAC) decision in Zeda Car Leasing (Pty) Ltd t/a Avis Fleet v Belinda Perlee (JA01/24) provides further clarification on the interpretation of section 197 of the Labour Relations Act 66 of 1996 (LRA). This matter concerned a dispute over whether employees of Avis Fleet, who were dismissed following a restructuring…
Read MoreRed means stop – LAC confirms appropriateness of dismissal based on totality of evidence
A recent decision by the Labour Appeal Court (LAC) in Algoa Bus Company (Pty) Ltd v Tirisano Transport and Services Workers Union (TASWU) obo Mzawi and Others considers an employer’s onus in proving the fairness of a dismissal for misconduct, particularly when it comes to the appropriateness of dismissal as a sanction. In its judgment,…
Read MoreIs it unfair to dismiss employees who reject vertical bumping?
In Porter Motor Group v Karachi (“Karachi”), the Labour Appeal Court (“LAC”) set out the principles of bumping in retrenchments. It held that the Last In First Out (“LIFO”) principle is considered a fair selection method as it prioritises those employees who have served the employer for a longer period of time. It also accepted the principle…
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