South Africa Case Law

POPCRU obo Moodley v National Commissioner of SAPS NO (2025/079210)

POPCRU obo Moodley v National Commissioner of SAPS NO (2025/079210) [2025] ZALCJHB 257 (27 June 2025)

Court

Labour Court Johannesburg

Case number

2025/079210

Judge

Daniels

The court found that the respondents unlawfully dismissed the applicant by failing to follow the prescribed disciplinary procedures under the SAPS Discipline Regulations. The Fitness Board of Inquiry was not intended to address misconduct such as absence without permission, which must be dealt with through a disciplinary hearing. The applicant was deprived of procedural protections, and the respondents breached his employment contract. The applicant established a prima facie right to relief, irreparable harm due to loss of medical aid and income, and the balance of convenience favored grantin…

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• Unlawful Dismissal
• Specific Performance
• Urgent Interdict
• Disciplinary Procedure
• Breach Of Employment Contract

Madonsela v Legal Practice Council and Others (2025/043863)

Madonsela v Legal Practice Council and Others (2025/043863) [2025] ZALCJHB 156; [2025] 8 BLLR 837 (LC) (14 April 2025)

Court

Labour Court Johannesburg

Case number

2025/043863

Judge

Tlhotlhalemaje

The court found that the applicant failed to demonstrate exceptional circumstances warranting urgent intervention in the disciplinary process. The urgency was self-created, as the applicant delayed taking action after being notified of the continuation of the hearing. The alleged settlement agreement was merely an arrangement to suspend, not terminate, the proceedings, and lacked the necessary intention to create binding legal obligations. The disciplinary proceedings were lawful, and the applicant had not shown any substantive breach of her employment contract or spoliation of evidence, as t…

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• Disciplinary Proceedings
• Urgent Interdict
• Breach Of Employment Contract
• Settlement Agreement
• Spoliation Of Evidence

Mavuso and Another v Commission for Gender Equality (05581/23)

Mavuso and Another v Commission for Gender Equality (05581/23) [2025] ZAGPPHC 166 (17 February 2025)

Court

North Gauteng High Court, Pretoria

Case number

05581/23

Judge

LG Kilmartin

The court found that the applicants' employment contracts expressly entitled them to a 17% employer pension allowance, and the respondent's unilateral withdrawal of this benefit constituted a breach of contract. The respondent failed to conduct any meaningful consultation prior to the withdrawal, and the purported ex post facto consultation two years later did not cure the procedural defect. The court rejected the respondent's prescription argument, holding that only the earliest months could be prescribed due to the continuing nature of the debt. The court further held that section 3 of Act…

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• Breach Of Employment Contract
• Unilateral Change Of Terms
• Consultation Requirements
• Prescription
• Jurisdiction
• Specific Performance

Imithetho Labour Law CC ta Labour Law Distributors v Van Eck and Others (2024/102799)

Imithetho Labour Law CC ta Labour Law Distributors v Van Eck and Others (2024/102799) [2024] ZAGPJHC 1252 (2 December 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2024/102799

Judge

Dosio

The High Court enforced a two-year, 50 km restraint and confidentiality obligations against a former employee who solicited clients and shared pricing information with a competitor.

• Restraint Of Trade
• Confidential Information
• Unlawful Competition
• Breach Of Employment Contract
• Final Interdict
• Restraint-of-trade

Commission for Gender Equality v Mrwebo and Others (JR1424/20)

Commission for Gender Equality v Mrwebo and Others (JR1424/20) [2024] ZALCJHB 459 (19 November 2024)

Court

Labour Court Johannesburg

Case number

JR1424/20

Judge

L Dave

The Labour Court held that the Commission could not withdraw a 17% provident fund contribution from a level 12 employee where its case concerned only level 11 employees.

• Breach Of Employment Contract
• Condonation
• Provident Fund Contributions
• Unilateral Variation Of Contract
• Costs In Labour Court
• Breach-of-employment-contract

Hartsenberg v Iteco (Pty) Ltd and Another (2023/122761)

Hartsenberg v Iteco (Pty) Ltd and Another (2023/122761) [2024] ZAGPPHC 924 (19 September 2024)

Court

North Gauteng High Court, Pretoria

Case number

2023/122761

Judge

Nyathi

The High Court dismissed Hartsenberg’s damages claim, found him in contempt of a prior consent order, and imposed a 30-day suspended incarceration.

• Contempt Of Court
• Breach Of Employment Contract
• Damages Claim
• Costs Order
• Contempt-of-court
• Motion-proceedings

Sanoj Jeewan v Transnet SOC Limited and Another (696/2023)

Sanoj Jeewan v Transnet SOC Limited and Another (696/2023) [2024] ZASCA 108 (4 July 2024)

Court

Supreme Court of Appeal

Case number

696/2023

Judges

Molemela, Weiner, Molefe, Koen, Seegobin

The Supreme Court of Appeal held that the appellant's claim for contractual and delictual damages based on unlawful termination of employment arose on the date of dismissal, 14 May 2010. The cause of action was complete at that time, as the appellant was aware of the alleged unfairness and the identity of the debtor. The subsequent referral to arbitration did not interrupt or delay prescription for the common law claim, as the arbitration concerned unfair dismissal under the Labour Relations Act, not damages for breach of contract. The claim was thus prescribed under section 11(d) of the Pres…

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• Prescription Act Section 11d
• Unlawful Termination
• Breach Of Employment Contract
• Jurisdiction Of High Court
• Res Judicata
• Biowatch Principle

Nkosi v Alfred Duma Local Municipality and Others (D224/2024)

Nkosi v Alfred Duma Local Municipality and Others (D224/2024) [2024] ZALCD 22 (3 July 2024)

Court

Labour Court Durban

Case number

D224/2024

Judge

K Allen-Yaman

The court found that the Local Government: Disciplinary Regulations for Senior Managers, 2010, are mandatory and binding on municipalities both as subordinate legislation and as incorporated into the applicant's employment contract. The municipality failed to comply with essential procedural requirements, including bringing allegations before the council, appointing an investigator by council resolution, and determining the seriousness of the misconduct. The municipal manager acted ultra vires by usurping council powers. These failures were substantive, not mere formalities, and constituted a…

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• Disciplinary Regulations For Senior Managers
• Interim Interdict
• Ultra Vires
• Breach Of Employment Contract
• Municipal Governance

Hartley v SMD Trading Group CC (D138/21)

Hartley v SMD Trading Group CC (D138/21) [2024] ZALCD 16; (2024) 45 ILJ 2561 (LC) (26 June 2024)

Court

Labour Court Durban

Case number

D138/21

Judge

S Snyman

The court found that the respondent breached the applicant's employment contract by unilaterally reducing his salary from R228,500.00 to R75,000.00 per month without agreement. The evidence did not support the respondent's claim of a verbal agreement to the reduction, and the applicant's conduct did not amount to acquiescence. The applicant was entitled to damages for the difference in salary for the three months affected. Regarding leave pay, the applicant failed to prove entitlement to 73 days; the evidence and company policy supported only 15 days' leave pay, which had been paid at the red…

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• Breach Of Employment Contract
• Unilateral Salary Reduction
• Leave Pay Entitlement
• Basic Conditions Of Employment Act
• Mora Interest
• Costs In Employment Disputes

Tabane v Railway Safety Regulator (JS435/23)

Tabane v Railway Safety Regulator (JS435/23) [2024] ZALCJHB 187 (8 May 2024)

Court

Labour Court Johannesburg

Case number

JS435/23

Judge

Norton

The Labour Court held it had jurisdiction over a contractual breach claim arising from probation-related dismissal and dismissed the respondent’s exception.

• Breach Of Employment Contract
• Probation Policy
• Jurisdiction Of Labour Court
• Exception Procedure
• Breach-of-employment-contract
• Probation-policy