South Africa Case Law

East Rand Plastics (Proprietary) Limited v National Union of Metalworkers of South Africa obo Mabena (JR1400/22)

East Rand Plastics (Proprietary) Limited v National Union of Metalworkers of South Africa obo Mabena (JR1400/22) [2025] ZALCJHB 345 (8 August 2025)

Court

Labour Court Johannesburg

Case number

JR1400/22

Judge

Anestidis

Review of labour arbitration award involving alleged falsification of quality records. Court found the arbitrator misconceived the enquiry and upheld dismissal.

• Review Of Arbitration Award
• Substantive Fairness Of Dismissal
• Dishonesty In Employment
• Falsification Of Records
• Procedural Fairness
• Onus Of Proof

Transport and Retail Allied Workers Union and Others v Grinding Media South Africa (Pty) Ltd (JR2481/2022)

Transport and Retail Allied Workers Union and Others v Grinding Media South Africa (Pty) Ltd (JR2481/2022) [2025] ZALCJHB 340 (8 August 2025)

Court

Labour Court Johannesburg

Case number

JR2481/2022

Judge

Anestidis

The court found that the applicants failed to establish both a subjective and objectively reasonable expectation of renewal of their fixed-term contracts. The contracts expressly stated their limited duration and excluded any expectation of renewal. The repeated extensions and delays did not, in themselves, create a legitimate expectation of indefinite renewal, especially given the short duration of the contracts and the clear communication regarding their temporary nature. The applicants' own evidence did not support a genuine or reasonable expectation of renewal. The arbitration award was c…

Source excerpt

• Fixed Term Contracts
• Legitimate Expectation
• Unfair Dismissal
• Review Of Arbitration Award

Department of Higher Education and Training and Another v Dladla (JS240/2022)

Department of Higher Education and Training and Another v Dladla (JS240/2022) [2025] ZALCJHB 339 (8 August 2025)

Court

Labour Court Johannesburg

Case number

JS240/2022

Judge

Riaz Itzkin

The court found that although the explanation for the delay in both delivering the statement of response and launching the condonation application was imperfect and included periods that were unaccounted for, the delay was not so flagrant and gross as to justify refusing condonation without considering the merits. The applicants demonstrated sufficient prospects of success in opposing the main claim, as the salary disparities were not caused by them but were a result of historical employment conditions and subsequent transfer, with standardization and partial back-pay having occurred. The int…

Source excerpt

• Condonation
• Unfair Discrimination
• Employment Equity Act
• Delay Explanation
• Prospects Of Success

NUM obo Mbengwa v Dwarsrivier Chrome Mine (Pty) Ltd (JS171/23)

NUM obo Mbengwa v Dwarsrivier Chrome Mine (Pty) Ltd (JS171/23) [2025] ZALCJHB 342 (8 August 2025)

Court

Labour Court Johannesburg

Case number

JS171/23

Judge

R Itzkin

The Labour Court granted NUM leave to amend its statement of claim, but ordered costs against NUM because the pre-trial minute remained unresolved.

• Amendment Of Pleadings
• Withdrawal Of Admission
• Pre Trial Conference Minute
• Remuneration Claim
• Retrospective Reinstatement
• Amendment-of-pleadings

Solomons v Commission for Conciliation Mediation and Arbitration (CCMA) (C401/2024)

Solomons v Commission for Conciliation Mediation and Arbitration (CCMA) (C401/2024) [2025] ZALCCT 62 (7 August 2025)

Court

Labour Court Cape Town

Case number

C401/2024

Judge

T Du Preez

The Labour Court dismissed a review of a CCMA arbitration award upholding a dismissal for dishonesty in recording incomplete cooler services as complete.

• Unfair Dismissal
• Dishonesty In Employment
• Review Of Arbitration Award
• Incentive Scheme Misconduct
• Labour-law
• Unfair-dismissal

Office of Chief Justice Republic of South Africa v General Public Service Sector Bargaining Council and Others

Office of Chief Justice Republic of South Africa v General Public Service Sector Bargaining Council and Others [2025] ZALCPE 15 (6 August 2025)

Court

Labour Court Port Elizabeth

Case number

PR228/23

Judge

de Kock

Labour Court review of an unfair labour practice award held that the employee had to disclose a pending criminal charge; the award was set aside.

• Unfair Labour Practice
• Duty Of Disclosure
• Review Of Arbitration Award
• Reasonableness Standard
• Appointment Procedure
• Unfair-labour-practice

Chiloane v Commission for Conciliation Mediation and Arbitration and Others (JR945/24)

Chiloane v Commission for Conciliation Mediation and Arbitration and Others (JR945/24) [2025] ZALCJHB 346 (6 August 2025)

Court

Labour Court Johannesburg

Case number

JR945/24

Judge

N L Dandadzi

The Labour Court dismissed an unopposed condonation application for a late review, finding a 16-month delay was inadequately explained and no prospects of success were shown.

• Condonation
• Late Filing Of Review
• Prospects Of Success
• Interests Of Justice
• Late-filing
• Labour-court-review

Cashbuild SA (Pty) Ltd v Ngudle N.O. and Others (PR277/22)

Cashbuild SA (Pty) Ltd v Ngudle N.O. and Others (PR277/22) [2025] ZALCPE 16 (6 August 2025)

Court

Labour Court Port Elizabeth

Case number

PR277/22

Judge

C de Kock

The court found that the arbitrator's identification of the central issue—failure to communicate with the customer—was reasonable given the charges as formulated. However, the arbitrator erred in finding that the applicant failed to prove breach of the rules, as the evidence established poor customer service and bringing the company name into disrepute. The court held that the misconduct did not amount to gross negligence warranting dismissal for a first offence, especially since the final written warning was issued only days before the complaint and could not fairly aggravate the sanction. T…

Source excerpt

• Unfair Dismissal
• Progressive Discipline
• Arbitration Review
• Back Pay
• Procedural Fairness

National Union of Metalworkers of South Africa obo Gxesi and Others v Faurecia Emission Control Technologies (Pty) Ltd and Others (C97/2022)

National Union of Metalworkers of South Africa obo Gxesi and Others v Faurecia Emission Control Technologies (Pty) Ltd and Others (C97/2022) [2025] ZALCCT 61 (6 August 2025)

Court

Labour Court Cape Town

Case number

C97/2022

Judge

Stelzner

Labour Court review of an arbitration award upheld dismissals for collective refusal to continue a stock take shift after 3pm.

• Unfair Dismissal
• Gross Insubordination
• Collective Agreement Interpretation
• Overtime Entitlement
• Arbitration Review
• Disciplinary Sanction

Masha v Zizwe Opencast Mining (Pty) Ltd (JS188/23)

Masha v Zizwe Opencast Mining (Pty) Ltd (JS188/23) [2025] ZALCJHB 337 (6 August 2025)

Court

Labour Court Johannesburg

Case number

JS188/23

Judge

H Schensema

The Labour Court dismissed an application for condonation after finding the applicant’s delay in filing the statement of case was excessive and inadequately explained.

• Condonation
• Unfair Dismissal
• Retrenchment
• Section 189 Lra
• Late Filing
• Jurisdiction