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South Africa decisions
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Kruger v University of South Africa (JS 207/19) [2025] ZALCJHB 242 (20 June 2025)
The Labour Court held that Kruger’s employment ended lawfully at the agreed retirement age of 65, so his automatic unfair dismissal claim failed.
Paradza v Solar Park (Rf) (Pty) Ltd (JS198/24) [2025] ZALCJHB 237 (18 June 2025)
The court held that it lacks jurisdiction to adjudicate claims under the Employment Equity Act where the dispute was not conciliated at the CCMA, as mandated by sections 10(5) and 10(6) of the Act. The applicant's attempt to amend the statement of case to include such claims was refused because granting the amendment would allow the applicant to pursue relief for which the court has no jurisdiction. The applicant must confine his claim to unfair dismissal under section 187 of the Labour Relations Act and make the necessary factual averments. Costs were awarded against the applicant due to rep…
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Phosa v Ekurhuleni Metropolitan Municipality (J14/22) [2025] ZALCJHB 121 (11 March 2025)
The Labour Court struck an application for leave to appeal from the roll because the municipality did not comply with Rule 67’s service and filing requirements.
Zeda Car Leasing (Pty) Ltd t/a Avis Fleet and Others v Perlee and Others (JA01/24) [2025] ZALAC 8 (10 February 2025)
The Labour Appeal Court found that the closure of Car Mall and the outsourcing of its functions to DealersOnline did not constitute a transfer of business as a going concern under section 197 of the Labour Relations Act. The evidence showed that no tangible or intangible assets, operating systems, or employees were transferred in a manner that would trigger section 197. DealersOnline provided its own infrastructure and services to Avis Fleet, and only a limited number of former Car Mall employees were recruited. The main, dominant and proximate cause of the respondents' dismissal was operatio…
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Styen v Business Connexion Group Limited (J1500/20) [2025] ZALCJHB 37; [2025] 5 BLLR 534 (LC) (7 February 2025)
The Court found that the transfer of UCS to BCX under section 197 of the LRA resulted in all terms and conditions of employment, including the agreed retirement age of 60 years, being transferred to BCX. The plaintiff's refusal to sign a new contract did not alter the legal position, and no amendment to the retirement age was agreed or effected. The promise of harmonisation to a retirement age of 65 years was not contractually binding and did not constitute a variation of the plaintiff's terms. The Court held that the plaintiff reached the agreed retirement age and her dismissal was fair unde…
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Malepe and Others v Mega Volt Loden Electrical (Pty) Ltd (JA42/23) [2025] ZALAC 6 (4 February 2025)
The Labour Appeal Court found that the Labour Court failed to exercise its discretion judicially in dismissing the condonation application. The Labour Court did not properly engage with the explanation for the delay, which was largely attributable to procedural confusion and contradictory rulings at the CCMA, nor did it evaluate the appellants' prospects of success or the interests of justice. The delay was not due to inactivity or negligence by the appellants but was compounded by the actions of the CCMA, NBCEI, and legal representatives. The Court held that the interests of justice, includi…
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Joseph v Altron Managed Solutions Limited (JS 682/22) [2025] ZALCJHB 10 (22 January 2025)
The Labour Court dismissed a dismissal dispute after finding the parties had reached a binding settlement by email before trial, with no costs order.
Mokobane v Westcol TVET and Another (JS 925/17) [2024] ZALCJHB 494 (5 December 2024)
The Labour Court held that the applicant’s termination after reaching the agreed retirement age of 65 was not unfair age discrimination.
NUMSA obo Mosikili and Others v Eskom Holdings Soc Ltd and Others (JR802/23) [2024] ZALCJHB 430 (12 November 2024)
The Applicants failed to file the record within the prescribed 60-day period as required by the Practice Manual and did not apply for condonation or reinstatement. The Rule 7A(5) notice confirmed that a record was available, and it was incumbent on the Applicants to uplift and file it. The Court found the Applicants' submissions regarding the non-existence of the record to be contradictory and unpersuasive. In line with binding precedent and the Practice Manual, the review application is deemed withdrawn, and the Labour Court lacks jurisdiction to entertain it. The Applicants may apply for re…
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Sun International Management Limited v Sayiti (JA 13/23) [2024] ZALAC 52; [2025] 1 BLLR 9 (LAC) (21 October 2024)
The majority held that weekend work was an inherent requirement of the Marketing Manager position, as established by the employment contract, internal vacancy specification, and operational needs. The appellant accommodated the respondent's religious beliefs for a significant period, but the continued accommodation became unsustainable and disruptive to business operations. The appellant offered the respondent an alternative position, which he declined. The majority found that the appellant took reasonable steps to accommodate the respondent and that the dismissal was substantively and proced…
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