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South Africa decisions
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Ramuthwala v Hudaco Trading (Pty) Ltd ta Ambro Steel (J614/2024) [2025] ZALCJHB 319 (25 July 2025)
The Labour Court struck an urgent application off the roll, finding the applicant failed to show urgency and had other adequate remedies for his backpay claim.
Makau v Commission for Conciliation, Mediation and Arbitration and Others (Application for Leave to Appeal) (JR1503/22) [2025] ZALCJHB 308 (24 July 2025)
The Labour Court dismissed the third respondent’s application for leave to appeal, finding no reasonable prospects of success or compelling reason under section 17(1).
Sandton Mining (Pty) Ltd v Mashego N.O and Others (JR760/21) [2025] ZALCJHB 184 (7 May 2025)
The Court found that the Commissioner was obliged to determine the overall fairness of the dismissal, including the appropriateness of the sanction, notwithstanding the parties' narrowing of the issues. The evidence established that Khubeka made the complaint to SAPS, but the complaint was not false, as there were legitimate concerns regarding PPE shortages. The Commissioner did not commit a gross irregularity, and his findings were not disconnected from the evidence. However, the sanction of dismissal was unwarranted given the circumstances, and while Khubeka's dishonesty was aggravating, it…
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Legend Logistics (Pty) Ltd v SATAWU and Others (JR1373/21) [2024] ZALCJHB 417 (24 October 2024)
The court found that the commissioner acted correctly in determining the cases of all employees, including those absent, as they were represented by the union official and the referral form was completed on their behalf. The company failed to provide any credible evidence of incitement or intimidation, relying only on unsworn, unsigned disciplinary hearing statements and speculative testimony. The only witness for the company did not experience or witness any intimidation or incitement. The company did not discharge its onus to prove misconduct. The commissioner’s award was well-reasoned, leg…
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G4S Secure Solutions (SA) (Pty) Ltd v Strauss N.O and Others (D267/21) [2024] ZALCD 26 (14 August 2024)
The Labour Court found that the Commissioner applied the correct legal test for negligence and recklessness, considering both the evidence and the applicable law. The Commissioner reasonably concluded that Mr Mlotshwa was not driving recklessly or negligently, as his speed was below the highway limit and he was required to keep pace with the client vehicle. The evidence, including photographs and video footage, supported the plausibility that the accident was caused by hitting a puddle of water in adverse weather conditions, not by misconduct. The applicant failed to discharge the onus of pro…
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Matlala v G4S Cash Solutions (Pty) Ltd (Application for Leave to Appeal) (JS165/2016) [2024] ZALCJHB 313 (20 June 2024)
The Labour Court granted leave to appeal on whether a contractual claim for backpay under section 77(3) of the BCEA was available, or whether contempt proceedings were required.
Oudtshoorn Local Municipality v TW Tytya (C290/2021) [2024] ZALCCT 23 (6 June 2024)
The Labour Court set aside a six-month backpay limit on retrospective reinstatement, holding the arbitrator conflated reinstatement with compensation.
South African Container Depots (Pty) Ltd t/a Bidvest SACD v Commission for Conciliation, Mediation and Arbitration and Others (JR 2987/2019) [2024] ZALCJHB 182 (3 May 2024)
Labour Court upheld the CCMA’s unfair dismissal findings for four employees, but set aside retrospective reinstatement with backpay and substituted reinstatement from the court order date.
Malapane v NTT Motor Investments (Pty) Ltd (JR1223/21) [2024] ZALCJHB 112 (11 March 2024)
The court found that the applicant was entitled to payment of her salary for the period between 1 April 2018 and 31 March 2021, as the employer was obliged to remunerate her from the date the arbitration award became effective until its implementation. The employer's defences were rejected as contrary to established law and precedent. The court held that interest must be paid on the arrears salary at the prescribed rate, in accordance with section 143(2) of the Labour Relations Act and the arbitration award. The fact that the applicant may have performed temporary duties at a lower rate did n…
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Moni v Phiko Security Services (Pty) Ltd (PR60/23) [2024] ZALCPE 7 (27 February 2024)
The Labour Court reviewed and set aside a CCMA award, holding that the employee’s dismissal for alleged negligence was substantively unfair and ordering reinstatement with backpay.
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