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South Africa decisions
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Maqashalala v Consol Glass and Others (JS542/23) [2025] ZALCJHB 327 (31 July 2025)
The Labour Court held that the pleaded case fell within its jurisdiction as an automatically unfair dismissal claim, but allowed time to withdraw a pending bargaining council referral.
Solidarity obo Van Rensburg v Xone Control Room Management (Pty) Ltd (C69/2024) [2025] ZALCCT 56 (22 July 2025)
The court found that the extension agreement signed by Van Rensburg in August 2022 constituted a clear amendment to his employment contract, setting his retirement date as 30 September 2023 with no further extensions permitted. Clause 14.1 of his contract established that general policies applied unless overridden by a contractual provision, and the extension letter expressly overrode the retirement policy. The subsequent amendment to the retirement policy in March 2023 did not affect Van Rensburg, as his contract had already been amended to reflect a specific retirement date. The court held…
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Mqikela v Pristo Response Trading (JS562/22) [2025] ZALCJHB 243 (18 June 2025)
The court found that the plaintiff's dismissal was not based on genuine operational requirements but was a direct response to her referral of an unfair labour practice dispute to the CCMA. The evidence showed that the retrenchment process was initiated within 24 hours of the referral, and the defendant's explanations regarding operational requirements and outsourcing were inconsistent and contradicted by documentary and oral evidence. The court applied the Afrox test and concluded that the dismissal would not have occurred but for the plaintiff's exercise of her statutory right. The referral…
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Truworths Limited v Peter (CA15/2024) [2025] ZALAC 37 (5 June 2025)
The Labour Appeal Court held that an automatically unfair dismissal claim based on protected disclosure could not be adjudicated without prior conciliation.
Viljoen v Peninsula Plumbing and Engineering Wroks (Pty) Ltd (C383/2021) [2025] ZALCCT 31 (15 May 2025)
The court found that the evidence overwhelmingly supported the existence of a two-tier retirement age policy at the respondent firm, distinguishing between site workers (retirement at 60) and administrative/supervisory staff (retirement at 65). The plaintiff, Viljoen, was employed as an artisan plumber and subject to the retirement age of 60, as confirmed by the Building Industry Bargaining Council agreement, the company's retirement policy, and signed annexures to employment contracts. The differential treatment was justified by the nature of the work and industry practice. The court held th…
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Nutrichem (Pty) Ltd v Southern African Clothing and Textile Workers Union and Another (JA47/2023) [2025] ZALAC 13 (26 February 2025)
The Labour Appeal Court found that the dismissals were automatically unfair under section 187(1)(d) of the Labour Relations Act. The evidence demonstrated that the true reason for dismissal was the employees' union membership and participation in union activities, particularly following the letter of 20 May 2019, rather than operational requirements. The appellant failed to consult the union properly, did not apply fair or objective selection criteria, and increased the number of retrenched employees to include all union members. The Court rejected the appellant's jurisdictional challenge, no…
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South African Clothing and Textile Workers Union and Another and Others v Precision Cutting and Trim and Others (C524/2022) [2025] ZALCCT 13 (19 February 2025)
The Labour Court granted condonation for a late referral in an automatically unfair dismissal dispute, finding the delay explained and prospects of success arguable.
Aspen Holdings Pty Ltd and Another v Phelane and Another (JA 71/23) [2025] ZALAC 4; [2025] 4 BLLR 409 (LAC) (23 January 2025)
The Labour Appeal Court refused condonation for a late statement of case, holding that the employee failed to explain the full delay and could not rely on prospects alone.
Goldplat Recovery (Pty) Ltd v AMCU obo Maluleke and Others (JS202/21) [2024] ZALCJHB 503 (18 December 2024)
The Labour Court dismissed Goldplat’s late leave-to-appeal condonation bid, finding the delay inadequately explained and the appeal prospects non-existent.
S.M v Specti Vision Trading CC (JS334/2021) [2024] ZALCJHB 506; [2025] 3 BLLR 291 (LC); (2025) 46 ILJ 1188 (LC) (17 December 2024)
The applicant failed to present a credible, probable, or reliable version of sexual harassment. The respondent took reasonable steps by suspending and disciplining the accused employees, and the applicant ultimately conceded that disciplinary action and apologies occurred. The evidence did not support a finding of unfair discrimination or liability under section 60 of the EEA. The main, dominant, and proximate reason for the applicant's dismissal was misconduct, not the exercise of rights or referral to the CCMA. The applicant did not discharge the evidential burden to establish an automatica…
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