South Africa Case Law

South African Cabin Crew Association obo Members v South African Airways (Soc) Ltd and Others (JA40/2024)

South African Cabin Crew Association obo Members v South African Airways (Soc) Ltd and Others (JA40/2024) [2025] ZALAC 45 (21 July 2025)

Court

Labour Appeal Court

Case number

JA40/2024

Judges

Van Niekerk JA, Nkutha-Nkontwana JA, Basson AJA

The Labour Appeal Court dismissed an appeal over CCMA dismissal and jurisdiction rulings, holding the Labour Court could review in medias res under section 158(1B).

• Section 158 1b Exception
• Ccma Jurisdiction
• Unfair Labour Practice
• Review In Medias Res
• Condonation For Late Referral
• Section-158-1b

Jindal Mining South Africa (Pty) Ltd v Association of Mineworkers and Construction Workers Union obo Zwane and Others (JR2422/23)

Jindal Mining South Africa (Pty) Ltd v Association of Mineworkers and Construction Workers Union obo Zwane and Others (JR2422/23) [2025] ZALCJHB 229 (19 June 2025)

Court

Labour Court Johannesburg

Case number

JR2422/23

Judge

VG Mkwibiso

The court found that the CCMA had jurisdiction to arbitrate the dispute, as the real issue was the fairness of the dismissal for alleged poor performance, not discrimination based on union membership. The employer did not challenge the finding of no evidence of poor performance, making the dismissal substantively unfair. The Commissioner’s refusal to order reinstatement was unreasonable, as there was no evidence that reinstatement was impracticable or intolerable, and the employer’s claims of outsourcing were not substantiated at arbitration. Reinstatement is the primary remedy for substantiv…

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• Unfair Dismissal
• Reinstatement
• Compensation
• Ccma Jurisdiction
• Review Test
• Procedural Fairness

Association of Mineworkers and Construction Workers Union obo Matebele and Others v Commission for Conciliation, Mediation and Arbitration and Others (JR1895/21)

Association of Mineworkers and Construction Workers Union obo Matebele and Others v Commission for Conciliation, Mediation and Arbitration and Others (JR1895/21) [2025] ZALCJHB 163 (16 May 2025)

Court

Labour Court Johannesburg

Case number

JR1895/21

Judge

Botes

Labour Court held the CCMA had jurisdiction over misconduct dismissals arising during an unprotected strike, but reviewed and set aside the award for inadequate reasoning.

• Unfair Dismissal
• Ccma Jurisdiction
• Derivative Misconduct
• Consistency In Discipline
• Review Of Arbitration Award
• Unfair-dismissal

Mining Qualifications Authority v Commission for Conciliation, Mediation and Arbitration and Others (2025/032846)

Mining Qualifications Authority v Commission for Conciliation, Mediation and Arbitration and Others (2025/032846) [2025] ZALCJHB 120 (27 March 2025)

Court

Labour Court Johannesburg

Case number

2025/032846

Judge

Mafa-Chali

The court found that the applicant had established the requirements for an interim interdict. The applicant demonstrated a prima facie right to challenge the CCMA's jurisdiction, as the condonation and rescission rulings were subject to review and the applicant was deprived of an opportunity to be heard. The court accepted that irreparable harm would result if arbitration proceeded before the review was finalised, as a successful review would render the arbitration process and any award nugatory, causing wasted resources and prejudice. The balance of convenience favoured the applicant, as sta…

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• Interim Interdict
• Ccma Jurisdiction
• Condonation Application
• Rescission Application
• Unfair Discrimination
• Sexual Harassment

Van Den Heever v Makgakantshe Mining Commodities (Pty) Ltd and Others (JR2609/22)

Van Den Heever v Makgakantshe Mining Commodities (Pty) Ltd and Others (JR2609/22) [2025] ZALCJHB 7; (2025) 46 ILJ 1278 (LC) (16 January 2025)

Court

Labour Court Johannesburg

Case number

JR2609/22

Judge

C Orr

The Labour Court postponed an application to amend a CCMA enforcement order, held the CCMA was a necessary party, and joined it as fourth respondent.

• Joinder Of Parties
• Enforcement Of Arbitration Award
• Incorporeal Property Attachment
• Certification Of Award
• Ccma Jurisdiction
• Joinder-of-parties

South African Commercial Catering and Allied Workers Union (SACCAWU) obo Members v Phala N.O and Others (JA136/23)

South African Commercial Catering and Allied Workers Union (SACCAWU) obo Members v Phala N.O and Others (JA136/23) [2024] ZALAC 62; [2025] 2 BLLR 176 (LAC) (27 November 2024)

Court

Labour Appeal Court

Case number

JA136/23

Judges

Molahlehi, Savage, Malindi

The Labour Appeal Court held that the CCMA lacked jurisdiction to arbitrate the unfair labour practice dispute because the benefits claimed by the appellants were either subject to ongoing negotiations (flexi 40 contract) or, where they formed part of the pre-existing contract (such as Wooltru Medical Aid), had become impossible to reinstate. The Court found that the dispute was properly characterised as a matter of mutual interest, susceptible to industrial action, and not an unfair labour practice under section 186(2)(a) of the LRA. The Labour Court's application of res judicata was upheld,…

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• Unfair Labour Practice
• Ccma Jurisdiction
• Lockout
• Res Judicata
• Reinstatement
• Benefits Under Employment Contract

Mkhize v Rand Water Soc Ltd and Others (JR1515/22)

Mkhize v Rand Water Soc Ltd and Others (JR1515/22) [2024] ZALCJHB 284 (2 August 2024)

Court

Labour Court Johannesburg

Case number

JR1515/22

Judge

L de Haan

The court held that the CCMA does not have jurisdiction to arbitrate an unfair labour practice dispute under section 186(2)(a) of the LRA where the facts giving rise to the dispute arose after the termination of the employment relationship. The applicant's entitlement to a bonus, if any, was not perfected during his employment but only became a dispute when the respondent paid bonuses to staff in January 2022 and refused to pay the applicant, who was no longer an employee. The authorities cited by the applicant do not support jurisdiction in these circumstances, as they concern disputes arisi…

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• Unfair Labour Practice
• Ccma Jurisdiction
• Termination Of Employment
• Employee Benefits
• Review Of Arbitration Award

Payne v Department of Transport Public Works (Western Cape Provincial Government) and Others (C22/2024)

Payne v Department of Transport Public Works (Western Cape Provincial Government) and Others (C22/2024) [2024] ZALCCT 32 (24 July 2024)

Court

Labour Court Cape Town

Case number

C22/2024

Judge

T Gandidze

Labour Court held a CCMA review in an EEA sexual-harassment dispute was properly reviewable under the LRA, but dismissed the challenge to the condonation ruling.

• Employment Equity Act
• Condonation
• Ccma Jurisdiction
• Unfair Discrimination
• Sexual Harassment
• Review Of Arbitration Rulings

Primeinvest 1069 t/a Foresters Arms v N.M and Others (C05/2023)

Primeinvest 1069 t/a Foresters Arms v N.M and Others (C05/2023) [2024] ZALCCT 28 (12 July 2024)

Court

Labour Court Cape Town

Case number

C05/2023

Judge

Lourens Ackermann

The Commissioner’s rescission ruling was reviewable because he failed to consider the merits of the employer’s defence and focused solely on the reasons for non-attendance at arbitration. The employer was not in wilful default, having requested a postponement and not yet retained legal representation. The documentation before the Commissioner established a bona fide defence, including evidence that the employee had not been dismissed but had absconded. The Commissioner’s failure to consider these factors amounted to a reviewable irregularity. Given that all relevant evidence was available to…

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• Rescission Of Arbitration Award
• Unfair Dismissal
• Wilful Default
• Prospects Of Success
• Good Cause
• Ccma Jurisdiction

Bata SA (Pty) Limited and Another v SACTWU obo Members and Others (DA4/2022)

Bata SA (Pty) Limited and Another v SACTWU obo Members and Others (DA4/2022) [2024] ZALAC 15; (2024) 45 ILJ 1541 (LAC); [2024] 8 BLLR 866 (LAC) (23 April 2024)

Court

Labour Appeal Court

Case number

DA4/2022

Judges

Waglay JP, Coppin JA, Savage AJA

The Labour Appeal Court held that section 198D of the Labour Relations Act does not empower the CCMA to grant substantive relief such as monetary awards or quantification of back pay in disputes concerning less favourable treatment of deemed employees. The section is intended to provide a process for determining the status of employment relationships and for granting declaratory relief regarding whether employees are deemed employees of the client and whether they have been treated less favourably. Once such declaratory relief is granted, aggrieved employees may pursue further remedies, inclu…

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• Temporary Employment Services
• Deemed Employment
• Unequal Treatment
• Ccma Jurisdiction
• Labour Relations Act Interpretation