Gilbert Rampolokeng Mashatola vs University of South Africa (UNISA)

Summary of the Document

This document is an order of the Labour Appeal Court of South Africa, sitting in Johannesburg, under case number JA82/24.

  • Presiding Justices: Savage JA, Mahalelo AJA, and Tokota AJA.

  • Date of Order: 8 May 2025.

  • Parties:

    • Appellant: Gilbert Rampolokeng Mashatola

    • Respondent: University of South Africa (UNISA)

Outcome

By agreement between both parties, the Labour Appeal Court issued the following order:

  1. The appeal succeeds.

  2. The previous judgment and orders of the Labour Court are set aside.

  3. The matter is remitted to the Labour Court for a hearing de novo (a completely new hearing).

  4. No order as to costs was made — meaning each party will cover its own legal costs.

Key Takeaway

The ruling means that Mr Mashatola’s appeal was successful, but rather than the Appeal Court making a final decision, the case will be reheard entirely from the beginning in the Labour Court. This typically happens when procedural fairness or substantive issues require a full reassessment.

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