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It is often viewed as a complement to the Labour Court's 2008 decision in Discovery Health Limited v CCMA on the application of labour law to employees lacking valid work permits – those "who perform work illegally", in contrast to Kylie and other "employees performing illegal work". [2] [3] [6]
In South African National Defence Union v Minister of Defence and Others, an important case in South African labour law, the Constitutional Court gave judgment on a series of disputes connected to collective bargaining that had arisen between the South African National Defence Union (SANDU) and the South African National Defence Force (SANDF).
The Constitutional Court's majority judgment was written by Acting Chief Justice Dikgang Moseneke and was joined by Acting Deputy Chief Justice Thembile Skweyiya; Justices Chris Jafta, Sisi Khampepe, Mbuyiseli Madlanga, and Raymond Zondo; and Acting Justice Nambitha Dambuza. The majority upheld the SAPS's appeal against the decision of the ...
In 2006 the South African Constitutional Court Trust assumed ownership of the project. The website at the time of this transition carried approximately 700 judgments from South Africa and Namibia. SAFLII is currently in operation from within the Department of Public Law at the University of Cape Town and has been there from December 2013.
Murray v Minister of Defence [1] [2] is an important case in South African labour law. An appeal from a decision in the Cape Provincial Division by Yekiso J, it was heard in the Supreme Court of Appeal (SCA) on 18 February 2008. Mpati DP, Cameron JA, Mlambo JA, Combrinck JA and Cachalia JA presided, handing down
Independent Municipal & Allied Trade Union v Rustenburg Transitional Council is a significant case in South African labour law.The council, the employer in this case, had adopted a resolution prohibiting employees in senior managerial positions from holding executive positions in trade unions or engaging in trade-union activities.
The table below lists the judgments of the Constitutional Court of South Africa delivered in 2023. [1]The members of the court at the start of 2023 were Chief Justice Raymond Zondo, Deputy Chief Justice Mandisa Maya, and judges Jody Kollapen, Mbuyiseli Madlanga, Steven Majiedt, Rammaka Mathopo, Nonkosi Mhlantla, Owen Rogers, Leona Theron and Zukisa Tshiqi.
The court held that section 186(1)(b) relates to the first expectation only, but the Labour Court later found, in McInnes v Technikon Natal, [54] that its decision in Dierks had been incorrect. It took the view that the focus should be on the nature of the expectation, and whether or not in the circumstances the expectation was reasonable.