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Musawenkosi Hlongwa v SM Xulu Incorporated and Another (J3319/18) [2025] ZALCJHB 317 (10 July 2025)
The Labour Court upheld a lis alibi pendens plea, finding that a remuneration claim duplicated an already pending constructive dismissal dispute.
Ndlovu and Others v University of Witwatersrand (J 1775/22) [2025] ZALCJHB 265 (2 July 2025)
The Labour Court dismissed bus drivers’ application against Wits, finding no unilateral change to conditions of employment and that the money claim raised factual disputes.
Caydavul and Another v Kamal Cape Town Iron and Steel Co (Pty) Ltd (JS619/23) [2025] ZALCJHB 223 (9 June 2025)
The plaintiffs remained employed by the defendant until their dismissal on 12 December 2023. The lay-off period was not lawfully extended by agreement, and the defendant conceded that no such agreement existed. The plaintiffs tendered their services throughout the relevant period, except during the business rescue period when they were paid. The defendant's argument that the second plaintiff's entitlement to remuneration was affected by the lapse of his work permit was rejected, as the employment contract was not rendered void and the defendant continued to treat him as an employee. The plain…
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Enock and Others v Emfuleni Local Municipality (JS 488/24) [2025] ZALCJHB 266 (7 May 2025)
The Labour Court dismissed a default judgment application for Sunday overtime pay because the applicants failed to file the affidavits required by Rule 21(2).
Stewart v Dutch Wings Foundation and Others (C605/2018) [2025] ZALCCT 33 (7 May 2025)
The Court found that the proceedings were governed by the Basic Conditions of Employment Act, not the Labour Relations Act, and thus the principle that costs follow the result applied. The Applicant was justified in seeking costs due to the Respondents' conduct and the necessity of litigation to enforce prior orders. There was no evidence of exceptional circumstances warranting a punitive costs order on an attorney and own client scale. The Respondents voluntarily participated in the proceedings and agreed to the orders, including the postponement and the determination of costs at a later sta…
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Moleme v Induradec Coatings (Pty) Ltd (D581/2023) [2025] ZALCD 18 (7 May 2025)
Labour Court held that placing a pregnant employee on extended unpaid maternity leave without proper risk assessment was unfair discrimination.
Mzalazala v Eastern Cape Department of Arts, Sports and Culture and Another (297/2025) [2025] ZAECMKHC 19 (25 February 2025)
The High Court stayed further salary deductions linked to disputed incapacity leave, pending final resolution of the labour dispute before the Bargaining Council.
University of Zululand v Dlongolo (DA23/2023) [2025] ZALAC 1; [2025] 5 BLLR 503 (LAC); (2025) 46 ILJ 1146 (LAC) (21 January 2025)
The Labour Appeal Court held there was no consensus on an early-retirement pension arrangement because the employee should have queried an obvious drafting mistake.
Mathane and Others v National Regulator for Compulsory Specifications and Others (2025/000072) [2025] ZALCJHB 6 (16 January 2025)
Urgent labour court application by striking employees was struck off for lack of urgency; the court found no unlawful deductions, only lawful no-work-no-pay withholding.
Manyashe v Africas Best 359 Limited (J1006/20) [2024] ZALCJHB 403 (14 October 2024)
The central factual dispute—whether the applicant tendered his services on 1 April 2016 as required by the reinstatement award—cannot be resolved on the papers due to divergent versions and lack of detail in the applicant's account. The court finds that this dispute is genuine and material to the applicant's entitlement to prospective salary. Applying the principles from Plascon-Evans and subsequent case law, the matter is best resolved by referral to oral evidence on the narrow issue of tender of services. The court declines to dismiss the application on the papers and instead orders that th…
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