South Africa Case Law

Sasol South Africa (Pty) Ltd Sasol Operations v National Bargaining Council for Chemical Industry and Others (JR133/21)

Sasol South Africa (Pty) Ltd Sasol Operations v National Bargaining Council for Chemical Industry and Others (JR133/21) [2025] ZALCJHB 201 (30 May 2025)

Court

Labour Court Johannesburg

Case number

JR133/21

Judge

M B Mahalelo

The court held that the commissioner properly considered all relevant evidence, including the seriousness of the misconduct, the employer's disciplinary code, and the mitigating factors present in Conroy's case. The commissioner did not commit any material error or irregularity, and her conclusion that dismissal was substantively unfair was reasonable. The employer failed to demonstrate an irreparable breakdown of the trust relationship, as Conroy continued working without incident for almost a year after the assault. The commissioner correctly weighed the totality of circumstances, including…

Source excerpt

• Unfair Dismissal
• Review Of Arbitration Award
• Disciplinary Code
• Mitigating Factors
• Breakdown Of Trust Relationship

AECI Industrial Chemicals, A Division of AECI Limited v Lelaka and Others (JR1258/21)

AECI Industrial Chemicals, A Division of AECI Limited v Lelaka and Others (JR1258/21) [2025] ZALCJHB 53 (31 January 2025)

Court

Labour Court Johannesburg

Case number

JR1258/21

Judge

M Baloyi

The Labour Court dismissed a review of an arbitration award reinstating an employee after dismissal for gross misconduct, finding the sanction too harsh.

• Unfair Dismissal
• Sanction Of Dismissal
• Breakdown Of Trust Relationship
• Reinstatement
• Arbitration Review
• Unfair-dismissal

Argon Asset Management (Pty) Ltd v Commission For Conciliation Mediation and Arbitration and Others (C477/2022)

Argon Asset Management (Pty) Ltd v Commission For Conciliation Mediation and Arbitration and Others (C477/2022) [2024] ZALCCT 63 (19 November 2024)

Court

Labour Court Cape Town

Case number

C477/2022

Judge

Leslie

Labour Court review of a CCMA award: the Court held the dismissal of a senior executive was substantively and procedurally fair and set aside reinstatement.

• Unfair Dismissal
• Breakdown Of Trust Relationship
• Procedural Fairness
• Legal Representation At Disciplinary
• Substantive Fairness
• Condonation Of Late Filing

Maarman v Commission For Conciliation, Mediation and Arbitration and Others (JR 1464/2020)

Maarman v Commission For Conciliation, Mediation and Arbitration and Others (JR 1464/2020) [2023] ZALCCT 68 (31 July 2023)

Court

Labour Court Cape Town

Case number

JR 1464/2020

Judge

Mabaso

The Labour Court dismissed both a late cross-review and the employee’s review, upholding an arbitration award that denied reinstatement and granted compensation.

• Condonation Of Late Filing
• Unfair Dismissal
• Remedies For Unfair Dismissal
• Breakdown Of Trust Relationship
• Intolerability
• Compensation Vs Reinstatement

National Union of Metal Workers of South Africa and Another v Commissioner for Conciliation, Mediation and Arbitration and Others (PR 10/22)

National Union of Metal Workers of South Africa and Another v Commissioner for Conciliation, Mediation and Arbitration and Others (PR 10/22) [2023] ZALCPE 6; (2023) 44 ILJ 1575 (LC) (3 May 2023)

Court

Labour Court Port Elizabeth

Case number

PR 10/22

Judge

Prinsloo

Labour Court upheld a dismissal for gross negligence after a forklift operator failed to do a required pre-operation check, causing major engine damage.

• Unfair Dismissal
• Gross Negligence
• Breakdown Of Trust Relationship
• Disciplinary Procedure
• Review Of Arbitration Award
• Gross-negligence

CEPPWAWU obo Thoka and Another v National Bargaining Council for the Chemical Industry and Others (JR2624/17)

CEPPWAWU obo Thoka and Another v National Bargaining Council for the Chemical Industry and Others (JR2624/17) [2021] ZALCJHB 379 (19 October 2021)

Court

Labour Court Johannesburg

Case number

JR2624/17

Judge

Mahosi

The Labour Court dismissed a review of an arbitration award upholding the dismissal of two employees for gross negligence and related misconduct.

• Review Of Arbitration Award
• Dismissal For Gross Negligence
• Procedural Fairness
• Breakdown Of Trust Relationship
• Review-of-arbitration-award
• Dismissal-for-gross-negligence

VSB Construction ta Techni-Civils CC v NUM obo Mngqola and Others (PA11/2018)

VSB Construction ta Techni-Civils CC v NUM obo Mngqola and Others (PA11/2018) [2021] ZALAC 21; [2021] 10 BLLR 1009 (LAC); (2021) 42 ILJ 2407 (LAC) (23 July 2021)

Court

Labour Appeal Court

Case number

PA11/2018

Judges

Davis JA, Sutherland JA, Murphy AJA

The Labour Appeal Court upheld dismissal of an appeal against reinstatement, finding no proof of exceptional circumstances to refuse reinstatement after an unfair dismissal ruling.

• Unfair Dismissal
• Reinstatement
• Breakdown Of Trust Relationship
• Labour Relations Act Section 193
• Substantive Fairness
• Unfair-dismissal

Mogapi v Commission for Conciliation, Mediation and Arbitration and Others (JR2014/17)

Mogapi v Commission for Conciliation, Mediation and Arbitration and Others (JR2014/17) [2020] ZALCJHB 21 (29 January 2020)

Court

Labour Court Johannesburg

Case number

JR2014/17

Judge

Van Niekerk

Labour Court review of a dismissal award for gross negligence was dismissed. The court found the arbitrator’s decision reasonable and supported by the evidence.

• Unfair Dismissal
• Gross Negligence
• Review Of Arbitration Award
• Consistency Of Discipline
• Breakdown Of Trust Relationship
• Unfair-dismissal

Khambule v National Union of Mine Workers and Others (JA89/17)

Khambule v National Union of Mine Workers and Others (JA89/17) [2019] ZALAC 61; (2019) 40 ILJ 2505 (LAC) (24 July 2019)

Court

Labour Appeal Court

Case number

JA89/17

Judges

Waglay, Phatshoane, Savage

The Labour Appeal Court upheld a challenge to the Labour Court’s review, holding the CCMA’s reinstatement award was reasonable despite serious misconduct.

• Unfair Dismissal
• Breakdown Of Trust Relationship
• Disciplinary Procedure
• Arbitration Review
• Gross Misconduct
• Unfair-dismissal

Autozone v Dispute Resolution Centre of Motor Industry and Others (JA52/2015)

Autozone v Dispute Resolution Centre of Motor Industry and Others (JA52/2015) [2019] ZALAC 46; [2019] 6 BLLR 551 (LAC); (2019) 40 ILJ 1501 (LAC) (13 February 2019)

Court

Labour Appeal Court

Case number

JA52/2015

Judges

Murphy, Tlaletsi

The Labour Appeal Court held that dishonest conduct by an employee justified dismissal, set aside the Labour Court order, and upheld the arbitration award.

• Dismissal For Dishonesty
• Breakdown Of Trust Relationship
• Arbitration Review
• Substantive Fairness
• Operational Requirements
• Labour-law