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South Africa decisions
Decisions matching the current search
South African Municipal Workers Union v Kheis Municipality and Others (908/2025) [2025] ZANCHC 44 (23 May 2025)
The High Court found SAMWU’s application partly urgent, refused new relief not pleaded, but ordered !Kheis Municipality to pay outstanding wages.
Mashaba v Macdonald (JS177/23) [2025] ZALCJHB 260 (7 May 2025)
The Labour Court dismissed a default judgment application for contractual employment benefits, finding the claim had prescribed under the Prescription Act.
Steve Tshwete Local Municipality v Miyambu and Others (Application for Leave to Appeal) (002049/2025) [2025] ZALCJHB 103 (3 March 2025)
The Labour Court refused leave to appeal in a dispute about urgency, section 197 transfers, unpaid salaries, and a corrected order.
Miyambu and Others v Steve Tshwete Local Municipality and Another (2025/002049) [2025] ZALCJHB 40 (5 February 2025)
The Labour Court held that a licensing-function transfer triggered section 197, preserving the applicants’ employment and entitling them to unpaid salaries.
Solidarity obo Benade v Ultimate Aim Business Division (Pty) Ltd (JS732/20) [2024] ZALCJHB 213 (28 May 2024)
The court found that the respondent failed to comply with both the procedural and substantive requirements for dismissal based on operational requirements. There was no consultation process, no section 189 letter, and no evidence of meaningful engagement with the applicant. The employment contract required compliance with statutory retrenchment procedures, which were ignored. The respondent did not provide evidence of alternative employment or justification for salary reduction. The applicant proved, through documentary evidence, that he was owed outstanding salaries, notice pay, and severanc…
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Aquarian Lifestyle Trading (Pty) Ltd ta Vespa SA v Commission for Conciliaton Meditation and Abritration (JR 329/21) [2024] ZALCJHB 73 (20 February 2024)
The Labour Court dismissed a review of a CCMA award finding that a lockdown-era resignation amounted to constructive dismissal.
Beyer and Others v Alleyroads Construction (Pty) Ltd (JS 1542 / 2019) [2023] ZALCJHB 338 (29 November 2023)
The Labour Court dismissed a jurisdictional point in limine, finding that two applicants did not sign consultancy agreements and a third signed under duress.
Hendrik Van Wyk Vervoer (Pty) Limited v National Bargaining Council for the Road Freight and Logistics Industry and Others (JR64/18) [2021] ZALCJHB 243 (16 August 2021)
Review of a CCMA-style arbitration award dismissed after the Labour Court found the employee’s refusal of a role change was reasonable and the dismissal substantively unfair.
Daza v National Economic Development and the Labour Council (NEDLAC) (JS 218/2020) [2020] ZALCJHB 165 (18 August 2020)
The Labour Court refused default judgment where the applicant’s labour-practice, wage, leave, deduction, payslip, and UIF claims were not properly pleaded or within its jurisdiction.
Centre for Autism Research and Education CC v Commission for Conciliation, Mediation and Arbitration and Others (JR 1619/2018) [2020] ZALCJHB 109; (2020) 41 ILJ 2623 (LC); [2020] 11 BLLR 1123 (LC) (19 June 2020)
The court found that the commissioner correctly applied the legal test for constructive dismissal, determining that the cumulative effect of the director’s conduct—persistent bullying, sexual harassment, humiliation, and derogatory remarks—objectively rendered continued employment intolerable for the third and fourth respondents. The evidence of workplace bullying and the lack of effective grievance procedures justified the employees’ resignation. The applicant’s arguments regarding the failure to lodge a grievance and the working out of the notice period were rejected, as the director was th…
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