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

Notley v Great North Transport (Pty) Ltd (HCAA10/2020)

Notley v Great North Transport (Pty) Ltd (HCAA10/2020) [2021] ZALMPPHC 27 (1 June 2021)

Court

Limpopo High Court, Polokwane

Case number

HCAA10/2020

Judges

MF Kganyago, MG Phatudi, Makwela

The High Court held that a Labour Court settlement order did not replace a CCMA reinstatement award, and the appellant could claim back-pay for the interim period.

• Reinstatement
• Back Pay
• Interpretation Of Court Orders
• Contractual Entitlement
• Ccma Award Enforcement
• Back-pay

Techniflex CC and Another v Maanaso and Another (JA58/2019)

Techniflex CC and Another v Maanaso and Another (JA58/2019) [2020] ZALAC 64; (2021) 42 ILJ 366 (LAC) (13 November 2020)

Court

Labour Appeal Court

Case number

JA58/2019

Judges

Musi, Murphy, Kathree-Setiloane

The Labour Appeal Court set aside a contempt order, finding the evidence too inconsistent to prove wilful non-compliance beyond reasonable doubt.

• Contempt Of Court
• Unfair Dismissal
• Arbitration Award Enforcement
• Reinstatement
• Back Pay
• Contempt-of-court

South African Commercial, Catering and Allied Workers Union and Others v Massmart Holdings Limited and Another (111/CAC/Jun11)

South African Commercial, Catering and Allied Workers Union and Others v Massmart Holdings Limited and Another (111/CAC/Jun11) [2020] ZACAC 2; [2020] 10 BLLR 1041 (CAC); (2020) 41 ILJ 2403 (CAC); [2020] 2 CPLR 564 (CAC) (7 July 2020)

Court

Competition Appeal Court

Case number

111/CAC/Jun11

Judges

Mnguni, Rogers, Mabindla-Boqwana

The Competition Appeal Court held that its 2012 merger condition requiring reinstatement of 503 employees was not retrospective and did not include back pay.

• Merger Conditions
• Reinstatement
• Back Pay
• Functus Officio
• Interpretation Of Orders
• Competition-law

National Union of Metal Workers of South Africa and Others (NUMSA) obo Ndwalane and Others v Trellicor (Pty) Ltd t/a Trellicor (D1330/13)

National Union of Metal Workers of South Africa and Others (NUMSA) obo Ndwalane and Others v Trellicor (Pty) Ltd t/a Trellicor (D1330/13) [2020] ZALCD 10 (17 April 2020)

Court

Labour Court Durban

Case number

D1330/13

Judge

Cele

The court found that the Labour Court order of 12 July 2013 was framed in general terms and applied to any subsequent unprotected strike action, not just the grading dispute. The day shift employees participated in an unprotected strike on 17 and 18 July 2013, demanding the upliftment of suspensions imposed on their colleagues, without following the procedures required by the Labour Relations Act. Their conduct amounted to contempt of court and gross insubordination, and their dismissal was substantively fair due to the irretrievable breakdown of the employment relationship and the threats an…

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• Unfair Dismissal
• Unprotected Strike
• Contempt Of Court
• Disciplinary Procedure
• Reinstatement
• Back Pay

POPCRU obo Thebe v Department of Transport, Safety and Liason (C510/17)

POPCRU obo Thebe v Department of Transport, Safety and Liason (C510/17) [2019] ZALCCT 29 (11 October 2019)

Court

Labour Court Cape Town

Case number

C510/17

Judge

Rabkin-Naicker

The court found that, on the respondent's version and applying the Plascon-Evans principle, a settlement agreement was reached between the applicant and the respondent after the arbitration award. The applicant was permanently appointed to a higher position with a substantially increased salary, which was beneficial to him. The factual circumstances indicated that the settlement agreement superseded the arbitration award, and therefore, the award could not be made an order of court. The application was dismissed on this basis.

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• Arbitration Award Enforcement
• Settlement Agreement
• Reinstatement
• Back Pay
• Plascon Evans Principle

Mvubu v Pharmaceutical Contractor (Pty) Ltd (JS845/17)

Mvubu v Pharmaceutical Contractor (Pty) Ltd (JS845/17) [2019] ZALCJHB 186 (31 July 2019)

Court

Labour Court Johannesburg

Case number

JS845/17

Judge

P Nkutha-Nkontwana

The Labour Court found a retrenchment unfair after holding that the employer rushed section 189 consultation, failed to consider alternatives, and confronted employees with a fait accompli.

• Unfair Dismissal
• Retrenchment
• Section 189 Consultation
• Operational Requirements
• Reinstatement
• Back Pay

Bopape v Mintek SOC Ltd (J660/16)

Bopape v Mintek SOC Ltd (J660/16) [2018] ZALCJHB 244; [2018] 10 BLLR 1007 (LC) (10 July 2018)

Court

Labour Court Johannesburg

Case number

J660/16

Judge

Mahosi

The court held that the applicant's claim for remuneration after the date of reinstatement is not covered by the arbitration award, which only revived the contract of employment and entitled her to back pay up to the date of reinstatement. The respondent complied with the award by paying the ordered back pay. Any claim for remuneration after reinstatement is contractual and must be pursued separately in the civil courts or under section 77 of the Basic Conditions of Employment Act. Therefore, the applicant failed to establish partial compliance with the award and is not entitled to have the a…

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• Section 158 Application
• Arbitration Award Enforcement
• Reinstatement
• Back Pay
• Contractual Claims

Solidarity obo Parkinson v Damelin (Pty) Ltd (JS72/17)

Solidarity obo Parkinson v Damelin (Pty) Ltd (JS72/17) [2018] ZALCJHB 458 (7 June 2018)

Court

Labour Court Johannesburg

Case number

JS72/17

Judge

Nkutha-Nkontwana

The Labour Court held that back-pay followed from reinstatement and did not depend on the employee tendering services or reporting for duty.

• Reinstatement
• Back Pay
• Unfair Dismissal
• Remuneration
• Judgment Debt
• Labour-law

Seriti Coal (Proprietary) Limited v National Union of Metalworkers obo Moyake and Others (J1425/18)

Seriti Coal (Proprietary) Limited v National Union of Metalworkers obo Moyake and Others (J1425/18) [2018] ZALCJHB 178 (11 May 2018)

Court

Labour Court Johannesburg

Case number

J1425/18

Judge

Mahosi

The court held that the writ of execution issued for remuneration between the date of the arbitration award and the actual date of implementation was defective. The reinstatement order did not cover the period between the award and implementation, and the arbitrator had made no order regarding back pay for that period. Therefore, there was no underlying judgment or causa for the writ. Any claim for remuneration for the period after the award must be pursued as a separate contractual claim, not enforced through the award. The writ was accordingly set aside.

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• Writ Of Execution
• Reinstatement
• Back Pay
• Unfair Dismissal
• Contractual Claims