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The Labour Appeal Court's unanimous decision was handed down by Judge Davis on 26 May 2010. [5] The decision was premised on the court's interpretation of section 23(1) of the Constitution, which provides that "everyone has the right to fair labour practices".
The question was whether that is permissible in law. The court referred to the English Court of Appeal case of Igbo v Johnson Matthey Chemicals Ltd. [3] The court found that the terms of Mampeule's employment contract could not neatly be construed in isolation from SAPO's act of removing Mampeule from the Board.
The decisions in these three cases were appealed to the Supreme Court of Appeal. A single, consolidated hearing was held, resulting in two unanimous judgments: The first judgment, written by Judge Johan Conradie, held that the SANDF is not obliged by the provisions of the Constitution or any other law to bargain collectively with SANDU.
The majority upheld the SAPS's appeal against the decision of the Supreme Court of Appeal, setting that decision aside. Instead, it restored and upheld the decision of the Labour Appeal Court, which was written by Judge President Dunstan Mlambo, subject only to an amendment of the costs order handed down by Mlambo.
Mankayi v AngloGold Ashanti Ltd is a 2011 decision of the Constitutional Court of South Africa in South African labour law and the South African law of delict. The court upheld the right of mineworkers to sue at common law for damages incurred due to occupational disease and occupational injury .
The Labour Appeal Court is a South African court that hears appeals from the Labour Court. The court was established by the Labour Relations Act, 1995, and has a status similar to that of the Supreme Court of Appeal. It has its seat in Johannesburg but also hears cases in Cape Town, Port Elizabeth and Durban.
Plascon-Evans Paints Ltd v Van Riebeeck Paints (Pty) Ltd [1] is an important case in South African law, particularly in the area of civil procedure and trade marks.. This appeal from a decision in the Cape Provincial Division was heard in the Appellate Division by Corbett JA, Miller JA, Nicholas JA, Galgut AJA and Howard AJA on February 27, 1984, with judgment handed down on May 21, 1984.
Hoffmann v South African Airways is a decision of the Constitutional Court of South Africa in the area of South African labour law and constitutional law.It concerned employment discrimination on the basis of HIV status and was decided on 28 September 2000.
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