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National Union of Mineworkers obo Lekwa v Commission for Conciliation, Mediation and Arbitration (C518/22) [2025] ZALCCT 42 (3 July 2025)
The Labour Court dismissed a review of a CCMA award upholding a dismissal for gross negligence and failure to secure a safe workplace.
Isikhonyane Cleaning Services v Commission for Conciliation, Mediation and Arbitration and Others (JA36/2014) [2015] ZALAC 122 (5 October 2015)
Labour Appeal Court upheld the setting aside of a dismissal award, finding the arbitrator failed to assess sanction, consistency, and breakdown of trust.
Prowalko v Commission for Conciliation Mediation and Arbitration and Others (P608/09) [2011] ZALCPE 3 (5 April 2011)
The Labour Court upheld a CCMA award finding a dismissal unfair, holding the commissioner’s reasoning was reasonable and supported by the record.
National Union Of Mineworkers and Another v Commission For Conciliation, Mediation And Arbitration and Others (C587/08) [2010] ZALCCT 15 (12 March 2010)
Labour Court review dismissed after an assault dismissal was upheld; the court found no reviewable irregularity in the arbitrator’s treatment of alleged disciplinary inconsistency.
FAWU obo Vickers v Commission for Conciliation Mediation And Arbitration and Others (D390/08) [2009] ZALCD 19 (4 December 2009)
The court found that the applicant failed to demonstrate that the arbitrator's decision was one that a reasonable decision-maker could not reach. The applicant's grounds of review were mere assertions without substantiation or reference to the arbitration record. The arbitrator had thoroughly considered the facts and evidence, and there was no indication that any material fact was ignored or that the applicant was denied a fair hearing. The award was not manifestly unfair, nor did the arbitrator exceed her powers or commit misconduct. Accordingly, the application for review was dismissed.
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R & C X-Press Freight v Munro (JA81/97) [1998] ZALAC 2 (20 February 1998)
The Labour Appeal Court found that the respondent's conduct, consisting of persistent and aggressive abusive language directed at a female co-employee in a public area, was serious and aggravated by lack of remorse and absence of a genuine apology. The respondent's justification for his conduct was rejected as disproportionate and unsupported by the facts. The court held that the employment relationship had irretrievably broken down and that summary dismissal was substantively fair. The industrial court's finding of unfair dismissal and compensation award was overturned, and the application w…
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