KING III

The King Report on Governance for South Africa 2009 (King III), which was released on 1 September 2009, provides a list of best practice principles to assist and guide directors in Corporate Governance.
King III applies to all corporate entities regardless of the manner incorporation, whether in the public, private sectors or non-profit sectors.
It is expected [...]

STRAUTMANN V SILVER MEADOWS TRADING 99 (PTY) LTD T/A MUGG AND BEAN SUNCOAST AND OTHERS

Case Number: D 412/07
Judgment Date: 09 June 2009
Jurisdiction: Labour Court, Durban
Judge: Van Niekerk J
Subject: Review
CCMA Arbitration
Issue: Certificate of outcome did not constitute a jurisdictional ruling.
Summary of Facts: The employee was employed by Kishara CC t/a Mugg and Bean Suncoast as a general manager and was also a member of the CC. After a disagreement between [...]

SCHEME DATA SERVICES (PTY) LTD V MYHILL N.O & CCMA & OTHER

Case No. JR 1456/06
Judgement Date: 05 December 2008
Jurisdiction: Labour Court, Johannesburg
Judge: Ngalwana J
Subject: Unfair Dismissal :Procedural fairness of dismissal: Jurisdiction
Issue: Application to review and set aside decision of commissioner in arbitration. Commissioner had held dismissal of employee to be substantially and procedurally unfair.
Facts: Employee’s employment was terminated for operational reasons after ten years of service. [...]

HARLEY V BACARAC TRADING 39 (PTY) LTD

Case Number: J 2543 / 08
Judgment Date: 23 March 2009
Jurisdiction: Labour Court, Braamfontein
Judge: Van Niekerk J
Subject: Suspension without Pay
Issue: Urgent application to declare employee’s continued unpaid suspension unfair and to order the Employer to pay his remuneration.
Summary of Facts: The employee was a Technical Director at a salary of R40 000.00 per month.  He had [...]

Potgieter V National Commissioner of SAPS and one other

Issue: Unfair discrimination claim arising from sexual harassment or victimization of employee by employer.  Court must determine the liability of the employer arising from the conduct of its employee. In doing so the court had to determine whether the employer should have taken further steps to address the complaint of sexual harassment. The court held [...]

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