South Africa Case Law

Golden Arrow Bus Services (Pty) Ltd v Commission for Conciliation Mediation and Arbitration and Others (CA10/2024)

Golden Arrow Bus Services (Pty) Ltd v Commission for Conciliation Mediation and Arbitration and Others (CA10/2024) [2025] ZALAC 38 (19 June 2025)

Court

Labour Appeal Court

Case number

CA10/2024

Judges

Savage, Musi, Waglay

The Labour Appeal Court held that the commissioner’s refusal to order reinstatement was reasonable and supported by compelling evidence. The respondent, a senior manager, failed to take responsibility for the problems during the smartcard rollout, refused to cooperate with the investigation, and made unfounded accusations against management. These actions objectively demonstrated a breakdown of trust and accountability, meeting the high threshold of intolerability required by section 193(2)(b) of the Labour Relations Act. The Labour Court was not justified in interfering with the commissioner…

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• Unfair Dismissal
• Reinstatement
• Intolerability Threshold
• Remedies Under Lra
• Breakdown Of Trust
• Compensation

Standard Bank of South Africa v South African Society of Bargaining Officials and Others (JA 107/22)

Standard Bank of South Africa v South African Society of Bargaining Officials and Others (JA 107/22) [2025] ZALAC 10 (27 February 2025)

Court

Labour Appeal Court

Case number

JA 107/22

Judges

Molahlehi DJP, Savage AJA, Malindi AJA

The Labour Appeal Court dismissed Standard Bank’s appeal, upholding a finding that Ms Ngcobo’s dismissal for breach of housing policy and alleged gross negligence was substantively unfair.

• Unfair Dismissal
• Gross Negligence
• Housing Policy Interpretation
• Remedy Of Reinstatement
• Breakdown Of Trust
• Disciplinary Procedure

Algoa Bus Company (Pty) Ltd v TASWU obo Mzawi and Others (PA05/23)

Algoa Bus Company (Pty) Ltd v TASWU obo Mzawi and Others (PA05/23) [2024] ZALAC 42; [2024] 12 BLLR 1224 (LAC); (2025) 46 ILJ 89 (LAC) (10 September 2024)

Court

Labour Appeal Court

Case number

PA05/23

Judges

Van Niekerk JA, Nkutha-Nkontwana JA, Jolwana AJA

The Labour Court erred in setting aside the arbitrator's award on the basis that the employer failed to lead specific evidence of breakdown in trust or suitability of dismissal. The arbitrator considered all relevant circumstances, including the seriousness of the misconduct, the employee's lack of remorse, and the potential consequences of her actions. The law does not require mechanistic evidence of breakdown in trust; rather, the arbitrator must make a value judgment based on the totality of the evidence. The arbitrator's decision to uphold dismissal was reasonable and supported by the fac…

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• Unfair Dismissal
• Disciplinary Code
• Sanction Of Dismissal
• Breakdown Of Trust
• Reviewable Irregularity

Association Of Mineworkers And Construction Workers Union obo Morobisi v Commission for Conciliation, Mediation and Arbitration and Others (JR1881/20)

Association Of Mineworkers And Construction Workers Union obo Morobisi v Commission for Conciliation, Mediation and Arbitration and Others (JR1881/20) [2024] ZALCJHB 66 (26 January 2024)

Court

Labour Court Johannesburg

Case number

JR1881/20

Judge

M T M Phehane

The court found that the applicant's conduct, including repeated refusal to follow lawful instructions, use of vulgar and derogatory language towards supervisors, and lack of remorse, constituted gross insubordination and serious disrespect. The disciplinary code provided for dismissal as a sanction for such misconduct, even for a first offence. The commissioner correctly categorised the misconduct and reasonably concluded that the trust relationship had irretrievably broken down. Progressive discipline was not appropriate given the seriousness and persistence of the applicant's conduct. The…

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• Unfair Dismissal
• Gross Insubordination
• Disciplinary Code
• Substantive Fairness
• Progressive Discipline
• Breakdown Of Trust

Dire v Commission for Conciliation, Mediation and Arbitration and Others (JR 1970/2018)

Dire v Commission for Conciliation, Mediation and Arbitration and Others (JR 1970/2018) [2023] ZALCJHB 247 (21 August 2023)

Court

Labour Court Johannesburg

Case number

JR 1970/2018

Judge

Van Niekerk

The court found that the arbitrator properly assessed the evidence, including unchallenged witness testimony and audio recordings confirming the applicant's misconduct. The applicant's arguments regarding procedural fairness and the absence of a code of conduct were rejected, as the evidence demonstrated clear dishonesty and a breakdown of trust. The arbitrator's decision that the dismissal was fair fell within the range of reasonable outcomes, and no reviewable irregularity was established. The applicant was afforded a fair hearing, and the court declined to interfere with the award.

Source excerpt

• Unfair Dismissal
• Review Of Arbitration Award
• Dishonesty In Employment
• Procedural Fairness
• Breakdown Of Trust

Vodacom (Pty) Ltd v Jivan and Others (JR 2149/19)

Vodacom (Pty) Ltd v Jivan and Others (JR 2149/19) [2023] ZALCJHB 211 (20 July 2023)

Court

Labour Court Johannesburg

Case number

JR 2149/19

Judge

Tlhotlhalemaje

Labour Court review of an arbitration award concerning dismissal for insubordination and gross negligence. The court set aside the award and upheld the dismissal as substantively fair.

• Unfair Dismissal
• Insubordination
• Gross Negligence
• Breakdown Of Trust
• Consistency In Discipline
• Labour-law

Association of Mineworkers & Construction Union (AMCU) v Metal and Engineering Industries Bargaining Council and Others (C193/2020)

Association of Mineworkers & Construction Union (AMCU) v Metal and Engineering Industries Bargaining Council and Others (C193/2020) [2023] ZALCCT 36 (29 June 2023)

Court

Labour Court Cape Town

Case number

C193/2020

Judge

Rabkin-Naicker

Labour Court review of a dismissal award dismissed. Condonation for late filing was granted, but the court upheld the arbitrator’s finding that the instruction was reasonable.

• Unfair Dismissal
• Condonation Of Late Filing
• Reasonable Instructions
• Consistency In Dismissal
• Breakdown Of Trust
• Sanction For Misconduct

Buthelezi v MEC Department of Education KZN and Others (DA10/2022)

Buthelezi v MEC Department of Education KZN and Others (DA10/2022) [2023] ZALAC 25; (2023) 44 ILJ 1891 (LAC) (23 May 2023)

Court

Labour Appeal Court

Case number

DA10/2022

Judges

Waglay JP, Musi JA, Gqamana AJA

The Labour Appeal Court dismissed an appeal against dismissal, holding that the principal was responsible for aspects of school financial management and breached departmental rules.

• Unfair Dismissal
• Procedural Fairness
• Substantive Fairness
• School Governance
• Misconduct
• Breakdown Of Trust

Makatshaba v Department of Education - Gauteng and Others (JR1699/18)

Makatshaba v Department of Education - Gauteng and Others (JR1699/18) [2021] ZALCJHB 308 (25 September 2021)

Court

Labour Court Johannesburg

Case number

JR1699/18

Judge

Tlhotlhalemaje

Review of an ELRC arbitration award arising from an educator’s dismissal for assault and misconduct was dismissed; the court found the award reasonable.

• Unfair Dismissal
• Disciplinary Procedure
• Arbitration Review
• Consistency In Discipline
• Breakdown Of Trust
• Misconduct

Standard Bank of South Africa Limited v Leslie and Others (JA31/2019)

Standard Bank of South Africa Limited v Leslie and Others (JA31/2019) [2020] ZALAC 69; (2021) 42 ILJ 1080 (LAC) (18 December 2020)

Court

Labour Appeal Court

Case number

JA31/2019

Judges

Waglay, Coppin, Savage

The Labour Appeal Court set aside reinstatement and replaced it with 12 months’ compensation, holding that the dismissal was unfair but trust had broken down.

• Unfair Dismissal
• Reinstatement
• Compensation For Unfair Dismissal
• Breakdown Of Trust
• Review Of Arbitration Award
• Unfair-dismissal