South Africa Case Law

Synchronised Logistical Solutions (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (PR133/23)

Synchronised Logistical Solutions (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (PR133/23) [2025] ZALCPE 8 (19 May 2025)

Court

Labour Court Port Elizabeth

Case number

PR133/23

Judge

Molotsi

The Labour Court dismissed an application for leave to appeal, finding no reasonable prospects of success and no gross irregularity in the arbitration.

• Review Of Arbitration Award
• Gross Irregularity
• Reasonable Prospect Of Success
• Procedural Unfairness
• Code Of Good Practice Dismissal
• Leave-to-appeal

Bidvest Steiner (Pty) Ltd v Commission for Conciliation, Mediation & Arbitration and Others (J1849/2022)

Bidvest Steiner (Pty) Ltd v Commission for Conciliation, Mediation & Arbitration and Others (J1849/2022) [2024] ZALCJHB 483 (21 November 2024)

Court

Labour Court Johannesburg

Case number

J1849/2022

Judge

R Lagrange

The Labour Court reviewed and set aside an arbitration award, holding that the employee’s dismissal for gross negligence was substantively fair.

• Substantive Fairness Of Dismissal
• Inconsistency In Discipline
• Gross Negligence
• Code Of Good Practice Dismissal
• Escalation Of Operational Issues
• Substantive-fairness-of-dismissal

Bidvest Steiner (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (JR1849/2022)

Bidvest Steiner (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (JR1849/2022) [2024] ZAGPJHC 1188 (21 October 2024)

Court

South Gauteng High Court, Johannesburg

Case number

JR1849/2022

Judge

R Lagrange

The Labour Court reviewed and set aside an arbitration award, holding that the employee’s dismissal for gross negligence was substantively fair.

• Substantive Fairness Of Dismissal
• Inconsistency In Discipline
• Gross Negligence
• Code Of Good Practice Dismissal
• Escalation Of Operational Issues
• Labour-law

Reinhardt Transport v National Bargaining Council for the Road,Freight and Logistics Industry and Others (JA72/2021)

Reinhardt Transport v National Bargaining Council for the Road,Freight and Logistics Industry and Others (JA72/2021) [2022] ZALAC 115; (2023) 44 ILJ 172 (LAC) (18 October 2022)

Court

Labour Appeal Court

Case number

JA72/2021

Judges

Waglay JP, Coppin JA, Tokota AJA

The Labour Appeal Court found that the commissioner failed to consider the purpose and importance of the drivecam policy, the employer’s consistent application of the rule, and the lack of remorse shown by the employee. The commissioner’s decision to order reinstatement without back pay was not rationally connected to the facts and circumstances presented. The Labour Court erred by not evaluating whether the commissioner’s award was reasonable and supported by the evidence. The drivecam policy was clear, the employee was aware of its terms, and the breach was serious enough to warrant dismiss…

Source excerpt

• Unfair Dismissal
• Disciplinary Policy
• Review Of Arbitration Award
• Reasonableness Standard
• Code Of Good Practice Dismissal

National Union of Mineworkers obo Mokgadi v Commission for Conciliation, Mediation and Arbitration and Others (JR 2149/15)

National Union of Mineworkers obo Mokgadi v Commission for Conciliation, Mediation and Arbitration and Others (JR 2149/15) [2021] ZALCJHB 28 (3 March 2021)

Court

Labour Court Johannesburg

Case number

JR 2149/15

Judge

Mahosi

Labour Court review dismissed: the arbitrator reasonably upheld a dismissal for failing to complete a conveyor-belt safety checklist.

• Review Of Arbitration Award
• Substantive Fairness Of Dismissal
• Consistency In Discipline
• Code Of Good Practice Dismissal
• Misconduct
• Condonation Of Late Filing

Legal Aid South Africa v Jansen (CA3/2019)

Legal Aid South Africa v Jansen (CA3/2019) [2020] ZALAC 37; (2020) 41 ILJ 2580 (LAC); [2020] 11 BLLR 1103 (LAC); 2021 (1) SA 245 (LAC) (21 July 2020)

Court

Labour Appeal Court

Case number

CA3/2019

Judges

Waglay, Phatshoane, Murphy

The Labour Appeal Court held that a paralegal’s dismissal for misconduct was not automatically unfair because of depression; the proximate cause was misconduct, not disability.

• Automatically Unfair Dismissal
• Disability Discrimination
• Employment Equity Act
• Labour Relations Act
• Code Of Good Practice Dismissal
• Automatically-unfair-dismissal

Madeira Pharmacies v Commission for Conciliation Mediation and Arbitration (CCMA) and Others (PR 60/16)

Madeira Pharmacies v Commission for Conciliation Mediation and Arbitration (CCMA) and Others (PR 60/16) [2018] ZALCPE 36 (5 December 2018)

Court

Labour Court Port Elizabeth

Case number

PR 60/16

Judge

Mahosi

The court found that the arbitrator failed to properly consider the seriousness of the misconduct, the importance of the breached rule, and the effect on the employment relationship. The arbitrator incorrectly accepted the argument of inconsistency despite the employer's lack of awareness of the comparator's misconduct, and failed to appreciate that the third respondent's conduct amounted to gross insubordination and dereliction of duty, warranting dismissal. The arbitrator's decision was not one that a reasonable decision-maker could reach, and the award was therefore reviewed and set aside.…

Source excerpt

• Unfair Dismissal
• Review Of Arbitration Award
• Gross Insubordination
• Consistency In Discipline
• Code Of Good Practice Dismissal

Wesbank A division of Firstrand Bank Limited v Commission for Conciliation, Mediation and Arbitration (CCMA) and Others (JR686/14)

Wesbank A division of Firstrand Bank Limited v Commission for Conciliation, Mediation and Arbitration (CCMA) and Others (JR686/14) [2017] ZALCJHB 244 (27 June 2017)

Court

Labour Court Johannesburg

Case number

JR686/14

Judge

Prinsloo

The Labour Court reviewed a CCMA award, held the arbitrator misconceived the issues, and substituted a finding that Ms Kwape’s dismissal for incapacity was substantively fair.

• Dismissal For Incapacity
• Substantive Fairness
• Procedural Fairness
• Code Of Good Practice Dismissal
• Arbitration Review
• Reinstatement

PRASA Metrorail v Commission for Conciliation, Mediation and Arbitration and Others (JR1914/16)

PRASA Metrorail v Commission for Conciliation, Mediation and Arbitration and Others (JR1914/16) [2017] ZALCJHB 202 (26 May 2017)

Court

Labour Court Johannesburg

Case number

JR1914/16

Judge

Makinta

Review of a CCMA arbitration award dismissed after the Labour Court held that inconsistent sanctions did not justify overturning the dismissal on review.

• Parity Principle
• Unfair Dismissal
• Consistency Of Sanction
• Code Of Good Practice Dismissal
• Review Of Arbitration Award
• Labour-law

Pienaar v Manzana NO and Others (JR2907/12)

Pienaar v Manzana NO and Others (JR2907/12) [2016] ZALCJHB 169 (20 April 2016)

Court

Labour Court Johannesburg

Case number

JR2907/12

Judge

Cele

The Labour Court dismissed a review of a pre-dismissal arbitration award, holding that repeated refusal to follow clear instructions was serious misconduct.

• Dismissal For Misconduct
• Failure To Follow Instructions
• Carelessness In Performance
• Review Of Arbitration Award
• Code Of Good Practice Dismissal
• Labour-law