South Africa Case Law

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…

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• 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

Vilakazi v Avragystix (Pty) Ltd and Others (JR114/23)

Vilakazi v Avragystix (Pty) Ltd and Others (JR114/23) [2025] ZALCJHB 325 (1 August 2025)

Court

Labour Court Johannesburg

Case number

JR114/23

Judge

L Erasmus

Review of a CCMA award dismissed. The Labour Court held the applicant bore the onus in an unfair suspension dispute and found no reviewable irregularity or bias.

• Unfair Labour Practice
• Precautionary Suspension
• Onus Of Proof
• Arbitration Review
• Disciplinary Inquiry
• Unfair-labour-practice

Rakgogo v South African Local Government Bargaining Council (SALGBC) and Others (JR380/24)

Rakgogo v South African Local Government Bargaining Council (SALGBC) and Others (JR380/24) [2025] ZALCJHB 335 (31 July 2025)

Court

Labour Court Johannesburg

Case number

JR380/24

Judge

Mafa-Chali

Labour Court dismissed a review of an award upholding dismissal for insubordination after a municipal employee refused a transfer instruction.

• Unfair Dismissal
• Insubordination
• Municipal Staff Regulations
• Arbitration Review
• Operational Requirements
• Arbitration-review

National Health Education and Allied Workers Union and Another v Mtati and Others (D131/2023)

National Health Education and Allied Workers Union and Another v Mtati and Others (D131/2023) [2025] ZALCD 27 (31 July 2025)

Court

Labour Court Durban

Case number

D131/2023

Judge

K Allen-Yaman

The court found that the arbitrator's decision to award compensation rather than reinstatement was not supported by the evidence. The arbitrator incorrectly concluded that reinstatement was impracticable due to redundancy, relying on speculative and hearsay evidence from a witness not employed by the respondent. The second applicant had consistently sought reinstatement, and there was no evidence that she preferred compensation or that her position was genuinely redundant. The delay in filing the review application was relatively short and largely explained, and there was no discernible preju…

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• Condonation
• Unfair Dismissal
• Remedies For Unfair Dismissal
• Reinstatement
• Compensation
• Arbitration Review

Department of Education Northern Cape Province v Crow and Others (C302/2023)

Department of Education Northern Cape Province v Crow and Others (C302/2023) [2025] ZALCCT 58 (23 July 2025)

Court

Labour Court Cape Town

Case number

C302/2023

Judge

Stelzner

The Labour Court held that the ELRC had jurisdiction to arbitrate the promotion dispute, as confirmed by recent Labour Appeal Court authority and the binding collective agreement governing promotion arbitrations in the education sector. The arbitrator's award was not unreasonable; the respondent established a prima facie case of unfairness by showing he was recommended by the SGB and scored highest, yet was overlooked without written reasons or direct evidence from the HOD. The employer failed to rebut the inference of unfairness, and the absence of written reasons and the HOD's failure to te…

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• Unfair Labour Practice
• Promotion Dispute
• Collective Agreement
• Arbitration Review
• Employment Equity
• Remedies For Unfair Promotion

Solidarity obo Burger v South African Police Service and Others (C242/2023)

Solidarity obo Burger v South African Police Service and Others (C242/2023) [2025] ZALCCT 51 (9 July 2025)

Court

Labour Court Cape Town

Case number

C242/2023

Judge

C de Kock

Review of a promotion arbitration award dismissed. The Labour Court held the arbitrator’s decision was reasonable and supported by evidence, and the equity-based appointment was rational.

• Unfair Labour Practice
• Employment Equity
• Promotion Disputes
• Arbitration Review
• Reasonableness Standard
• Labour-law

Lombard v Commission for Conciliation, Mediation and Arbitration (C610/2022)

Lombard v Commission for Conciliation, Mediation and Arbitration (C610/2022) [2025] ZALCCT 45 (7 July 2025)

Court

Labour Court Cape Town

Case number

C610/2022

Judge

C de Kock

Review dismissed: the Labour Court upheld a CCMA award finding Lombard’s dismissal for sexual harassment substantively fair.

• Unfair Dismissal
• Sexual Harassment
• Arbitration Review
• Reasonableness Standard
• Disciplinary Procedure
• Labour-law

Merafong City Local Municipality v SAMWU obo Speek and Others (JR599/21)

Merafong City Local Municipality v SAMWU obo Speek and Others (JR599/21) [2025] ZALCJHB 291 (24 June 2025)

Court

Labour Court Johannesburg

Case number

JR599/21

Judge

Phehane

The Labour Court set aside an arbitration award, holding that a municipal cashier’s dismissal for taking and withholding R1,220 was substantively fair.

• Unfair Dismissal
• Breach Of Trust
• Municipal Staff Conduct
• Disciplinary Procedure
• Arbitration Review
• Unfair-dismissal

Gala v Seopela and Others (JR 597/17)

Gala v Seopela and Others (JR 597/17) [2025] ZALCJHB 244 (20 June 2025)

Court

Labour Court Johannesburg

Case number

JR 597/17

Judge

Mahosi

The Labour Court dismissed the Department of Agriculture’s late application for leave to appeal, finding no good cause for condonation and no reasonable prospects of success.

• Condonation
• Leave To Appeal
• Translation Of Employees
• Resolution 3 Of 2009
• Arbitration Review
• Leave-to-appeal