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South Africa decisions
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Ntombela v Metal and Engineering Industries Bargaining Council and Others (JR443/23) [2025] ZALCJHB 179 (15 May 2025)
The Labour Court condoned a late review, found the commissioner biased and unreasonable, set aside the arbitration award, and ordered reinstatement.
Moleme v Induradec Coatings (Pty) Ltd (D581/2023) [2025] ZALCD 18 (7 May 2025)
Labour Court held that placing a pregnant employee on extended unpaid maternity leave without proper risk assessment was unfair discrimination.
Le Franschhoek Hotel v Commission for Conciliation, Mediation and Arbitration and Others (C238/2022) [2025] ZALCJHB 84 (3 March 2025)
Labour Court upheld a CCMA award finding the dismissal of an executive chef substantively unfair after a workplace fire led to incapacity and a disputed return-to-work refusal.
Shabangu v Commission for Conciliation, Mediation and Arbitration and Others (JR2023/19) [2025] ZALCJHB 125 (27 February 2025)
The Labour Court upheld a CCMA award finding that the applicant’s dismissal for sexual harassment was substantively fair and dismissed the review.
AEL Mining Services Ltd v Sishonga and Others (JR1208/18) [2025] ZALCJHB 51 (4 February 2025)
The commissioner misconceived the nature of the dispute by focusing on the criminal definition of theft rather than the employee's failure to report the misconduct. The material evidence established that the employee was aware of Masindi's intention to steal and failed to inform management, which was the crux of the charge. By ignoring relevant evidence and focusing on irrelevant considerations, the commissioner produced an unreasonable outcome. The arbitration award was disconnected from the evidence and must be set aside. The matter is remitted for a fresh hearing before a different commiss…
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Sandani v Commission for Conciliation, Mediation and Arbitration ("CCMA") and Others (JR1532/21) [2025] ZALCJHB 52 (3 February 2025)
Labour Court review of a CCMA award dismissing an incapacity challenge. The court found the commissioner’s ruling on procedural and substantive fairness was reasonable.
WEG Transformers Africa a division of Zest Weg Manufacturing v Metal Engineering Industries Bargaining Council and Others (JR487/22) [2025] ZAGPJHC 98 (30 January 2025)
The court found that the commissioner committed a gross irregularity by failing to properly apply the law regarding inconsistent discipline. The evidence showed that the applicant was unaware of the alleged incident involving Mr. Simelane, and the circumstances of the two incidents were materially different in terms of severity, admission of guilt, and consequences. The commissioner erroneously elevated the investigation into the Simelane incident as decisive, rather than assessing whether the incidents were comparable and whether the employer was aware of the prior misconduct. The commission…
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NUMSA obo Dismissed Employees Listed in Annexure "A" v M and S Corrosion Sasolburg (Pty) Ltd (J507/2022) [2025] ZALCJHB 28 (24 January 2025)
The court found that the respondent issued a verbal ultimatum to the shop stewards, who conveyed it to the applicants, warning them that participation in the unprotected strike would result in disciplinary action and possible dismissal. The applicants were given sufficient time to reflect on their decision and knowingly chose to proceed with the illegal strike. The evidence showed that the applicants were aware of the consequences and that the respondent followed fair procedure. The seriousness of the misconduct, the prior warnings, and the applicants' refusal to heed the ultimatum justified…
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WBHO Construction (Pty) Ltd v Cormack NO and Others (JR2405/21) [2024] ZALCJHB 544 (13 December 2024)
Labour Court dismissed a review of an arbitration award concerning dismissal for alleged abscondment, finding the arbitrator’s decision reasonable.
SAMWU obo Sizani v City of Cape Town South African Local Government and Others (C135/2022) [2024] ZALCCT 30 (12 July 2024)
The Labour Court found that the Commissioner had properly weighed the mutually destructive versions of events and applied the correct legal principles in resolving factual disputes. The Commissioner’s preference for the employer’s version was reasonable, given the corroboration of evidence and the lack of credible explanation from the applicant for failing to contact his supervisor. The applicant’s conduct constituted a breach of a clear workplace rule regarding the safeguarding of employer assets. The sanction of dismissal for gross negligence was appropriate, considering the seriousness of…
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