South Africa Case Law

Department of Education Northern Cape Province v Crow and Others (C302/2023)

Department of Education Northern Cape Province v Crow and Others (C302/2023) [2025] ZALCCT 58 (23 July 2025)

Court

Labour Court Cape Town

Case number

C302/2023

Judge

Stelzner

The Labour Court held that the ELRC had jurisdiction to arbitrate the promotion dispute, as confirmed by recent Labour Appeal Court authority and the binding collective agreement governing promotion arbitrations in the education sector. The arbitrator's award was not unreasonable; the respondent established a prima facie case of unfairness by showing he was recommended by the SGB and scored highest, yet was overlooked without written reasons or direct evidence from the HOD. The employer failed to rebut the inference of unfairness, and the absence of written reasons and the HOD's failure to te…

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• Unfair Labour Practice
• Promotion Dispute
• Collective Agreement
• Arbitration Review
• Employment Equity
• Remedies For Unfair Promotion

Bombela Operating Company (Pty) LtdTD v Commission for Conciliation, Mediation and Arbitration and Others (JR 589/2021)

Bombela Operating Company (Pty) LtdTD v Commission for Conciliation, Mediation and Arbitration and Others (JR 589/2021) [2025] ZALCJHB 297 (11 July 2025)

Court

Labour Court Johannesburg

Case number

JR 589/2021

Judge

R Lagrange

The Labour Court reinstated Bombela’s review and set aside an unfair-suspension award, holding the precautionary suspension was fair under Long v SAB.

• Unfair Labour Practice
• Precautionary Suspension
• Procedural Fairness
• Substantive Fairness
• Disciplinary Code
• Collective Agreement

Dr AB Xuma Local Municipality v Delihlazo and Others (Leave to Appeal) (3883/2024)

Dr AB Xuma Local Municipality v Delihlazo and Others (Leave to Appeal) (3883/2024) [2025] ZAECMHC 54 (19 June 2025)

Court

Eastern Cape High Court, Mthatha

Case number

3883/2024

Judge

Nobatana

The High Court dismissed a municipality’s application for leave to appeal against a ruling that precautionary suspensions were unlawful.

• Precautionary Suspension
• Collective Agreement
• Legality Review
• Unlawful Suspension
• Superior Courts Act
• Costs Order

MEC Health Limpopo Head of Department of Health v Makgoba Others (JA121/2022)

MEC Health Limpopo Head of Department of Health v Makgoba Others (JA121/2022) [2025] ZALAC 33 (4 June 2025)

Court

Labour Appeal Court

Case number

JA121/2022

Judges

Van Niekerk, Nkutha-Nkontwana, Basson

The Labour Court erred in granting declaratory relief declaring the employer's failure to implement clause 18.1 of the collective agreement unlawful. The Labour Relations Act provides specific mechanisms for enforcing collective agreements and arbitration awards, and does not empower the Labour Court to make general declarations of unlawfulness in such circumstances. Unfair labour practice disputes must be referred to arbitration, not adjudicated by the Labour Court. The respondents did not plead a contractual claim under section 77(3) of the Basic Conditions of Employment Act, and thus the L…

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• Enforcement Of Arbitration Award
• Collective Agreement
• Jurisdiction Of Labour Court
• Unfair Labour Practice
• Declaratory Relief

Public Servants Association of South Africa obo Members v South African Revenue Services (JS362/2022)

Public Servants Association of South Africa obo Members v South African Revenue Services (JS362/2022) [2025] ZALCJHB 146 (2 April 2025)

Court

Labour Court Johannesburg

Case number

JS362/2022

Judge

G.C. Phakedi

The Labour Court dismissed special pleas of res judicata, lis alibi pendens, issue estoppel and arbitration in a leave-encashment contract dispute.

• Collective Agreement
• Contractual Claim
• Res Judicata
• Lis Alibi Pendens
• Issue Estoppel
• Arbitration Clause

Mthimunye v Department of Higher Education and Training and Others (JR491/2022)

Mthimunye v Department of Higher Education and Training and Others (JR491/2022) [2025] ZALCJHB 50 (3 February 2025)

Court

Labour Court Johannesburg

Case number

JR491/2022

Judge

Adams

Labour Court review of an IQMS-benefits arbitration award was upheld because the commissioner failed to assess witness credibility, probabilities, and material disputes.

• Unfair Labour Practice
• Collective Agreement
• Arbitration Review
• Credibility Assessment
• Procedural Irregularity
• Unfair-labour-practice

Khan v South African Police Service and Others (121530/2024)

Khan v South African Police Service and Others (121530/2024) [2024] ZALCJHB 488 (4 December 2024)

Court

Labour Court Johannesburg

Case number

121530/2024

Judge

L Vukeya

The Labour Court converted an urgent challenge to SAPS’s expeditious discipline into a formal disciplinary hearing under regulations 8 and 11.

• Expeditious Disciplinary Process
• Protected Disclosure
• Pre Dismissal Arbitration
• Collective Agreement
• Natural Justice
• Urgent Interdict

Tirisano Transport and Services Workers Union obo 53 Employees v Pindulo VDM (C487/2021)

Tirisano Transport and Services Workers Union obo 53 Employees v Pindulo VDM (C487/2021) [2024] ZALCCT 50; (2025) 46 ILJ 1031 (LC) (31 October 2024)

Court

Labour Court Cape Town

Case number

C487/2021

Judge

Prinsloo

The Labour Court held that the employees’ contracts ended on 28 April 2020, making the referral late and leaving the court without jurisdiction.

• Unfair Dismissal
• Jurisdiction
• Late Referral
• Condonation
• Retrenchment
• Collective Agreement

Association of Mineworkers and Construction Union and Others v Nkomati Anthracite (Pty) Ltd (JS614/20)

Association of Mineworkers and Construction Union and Others v Nkomati Anthracite (Pty) Ltd (JS614/20) [2024] ZALCJHB 406 (11 October 2024)

Court

Labour Court Johannesburg

Case number

JS614/20

Judge

S Sethene

The Labour Court found that Nkomati Anthracite misread Covid-19 regulations, unlawfully deducted salaries without consent, and unfairly dismissed employees.

• Unfair Dismissal
• Unlawful Salary Deduction
• Covid 19 Regulations
• Collective Agreement
• Essential Services
• Costs Order

Department of Correctional Services v PSA obo Madikizela and Others (C499/2021)

Department of Correctional Services v PSA obo Madikizela and Others (C499/2021) [2024] ZALCCT 29 (12 July 2024)

Court

Labour Court Cape Town

Case number

C499/2021

Judge

L Ackermann

Labour Court dismissed a review of an award finding a psychologist’s dismissal unfair after her registration lapsed without notice, with reinstatement upheld.

• Unfair Dismissal
• Procedural Fairness
• Substantive Fairness
• Collective Agreement
• Reinstatement
• Health Professions Registration