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South Africa Case Law

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Labour Law [2022] ZALCJHB 370

Scaw South Africa (Pty) Ltd v NUMSA obo Sibiya and Others (JR 897/21)

Scaw South Africa (Pty) Ltd v NUMSA obo Sibiya and Others (JR 897/21) [2022] ZALCJHB 370 (1 September 2022)

Labour Court review of an arbitration award over alcohol-related dismissal in a safety-critical workplace. The award was set aside and dismissal upheld.

  • Unfair Dismissal
  • Review Of Arbitration Award
  • Procedural Fairness
  • Substantive Fairness
  • Zero Tolerance Policy
  • Breathalyser Testing
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Labour Law [2022] ZALCCT 14

Route Management (Pty) Ltd v Goldschmidt, Sean N.O and Others (C120/2019)

Route Management (Pty) Ltd v Goldschmidt, Sean N.O and Others (C120/2019) [2022] ZALCCT 14 (8 April 2022)

Labour Court dismissed a review of an unfair-dismissal award, holding the commissioner’s decision on a zero-tolerance alcohol policy was reasonable.

  • Unfair Dismissal
  • Zero Tolerance Policy
  • Breathalyser Testing
  • Substantive Fairness
  • Commissioner Bias
  • Review Of Arbitration Award
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Labour Law [2019] ZALCJHB 243

Mphaphuli v Ramotshela NO and Others (JR1160/17)

Mphaphuli v Ramotshela NO and Others (JR1160/17) [2019] ZALCJHB 243; (2020) 41 ILJ 242 (LC) (17 September 2019)

The Labour Court dismissed a review of a dismissal for breaching a zero-tolerance safety policy after a positive alcohol test and failing to wait for follow-up testing.

  • Dismissal For Misconduct
  • Zero Tolerance Safety Policy
  • Breathalyser Testing
  • Substantive Fairness
  • Disciplinary Code
  • Mine Health And Safety
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.