South Africa Case Law

National Union of Metalworkers of South Africa obo Gxesi and Others v Faurecia Emission Control Technologies (Pty) Ltd and Others (C97/2022)

National Union of Metalworkers of South Africa obo Gxesi and Others v Faurecia Emission Control Technologies (Pty) Ltd and Others (C97/2022) [2025] ZALCCT 61 (6 August 2025)

Court

Labour Court Cape Town

Case number

C97/2022

Judge

Stelzner

Labour Court review of an arbitration award upheld dismissals for collective refusal to continue a stock take shift after 3pm.

• Unfair Dismissal
• Gross Insubordination
• Collective Agreement Interpretation
• Overtime Entitlement
• Arbitration Review
• Disciplinary Sanction

Mvelatrans (Pty) Ltd t/a Bojanala Bus Services v DEMAWUSA and Others (2025/076663)

Mvelatrans (Pty) Ltd t/a Bojanala Bus Services v DEMAWUSA and Others (2025/076663) [2025] ZALCJHB 226 (20 June 2025)

Court

Labour Court Johannesburg

Case number

2025/076663

Judge

Daniels

The court found that the applicant failed to establish a prima facie right to the relief sought. The interpretation of clause 18.3 of the Main Collective Agreement does not require that the strike notice be issued only after the expiry of the cooling-off period; rather, the notice may be issued during the cooling-off period provided the strike commences after its expiry. This interpretation aligns with the least restrictive approach to the constitutional right to strike and the objects of the LRA. The jurisdictional ruling of the Bargaining Council does not preclude protected strike action on…

Source excerpt

• Protected Strike
• Collective Agreement Interpretation
• Cooling Off Period
• Jurisdictional Ruling
• Strike Notice Requirements

MEC for Health, Kwazulu-Natal v HOSPERSA obo Hoosen (D10/2022)

MEC for Health, Kwazulu-Natal v HOSPERSA obo Hoosen (D10/2022) [2025] ZALCD 21 (19 June 2025)

Court

Labour Court Durban

Case number

D10/2022

Judge

K Allen-Yaman

The court found that the applicant failed to substantiate any reviewable irregularity in the arbitration award and did not provide evidence that it was not notified of the section 142A proceedings. The application for condonation was refused as the review application had no prospects of success. Regarding the settlement agreement, the applicant did not provide sufficient evidence that its representative lacked actual authority, and the circumstances established ostensible authority. The applicant's conduct and the representative's role reasonably led the first respondent to believe that autho…

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• Collective Agreement Interpretation
• Ostensible Authority
• Review Of Arbitration Award
• Condonation
• Ultra Vires Settlement

SAMWU obo Shongwe and Others v Myhill N.O and Others (Reasons) (JR1401/21)

SAMWU obo Shongwe and Others v Myhill N.O and Others (Reasons) (JR1401/21) [2025] ZALCJHB 284 (7 May 2025)

Court

Labour Court Johannesburg

Case number

JR1401/21

Judge

M T M Phehane

The Labour Court dismissed a review of a CCMA condonation ruling, holding that the late referral of a section 24 dispute meant the CCMA lacked jurisdiction.

• Condonation
• Jurisdiction Of Ccma
• Collective Agreement Interpretation
• Late Referral
• Review Of Arbitration Award
• Labour-law

Mashaba and Another v City of Tshwane Metropolitan Municipality (2024/041425)

Mashaba and Another v City of Tshwane Metropolitan Municipality (2024/041425) [2025] ZAGPPHC 401 (16 April 2025)

Court

North Gauteng High Court, Pretoria

Case number

2024/041425

Judge

MM Mojapelo

The High Court held that the applicants’ fixed-term employment contracts expired after three months and did not create permanent employment rights.

• Fixed Term Employment Contract
• Declaratory Relief
• Jurisdiction Of High Court
• Contractual Breach
• Collective Agreement Interpretation
• Fixed-term-employment-contract

MEC for Health, KwaZulu-Natal v King and Others; Department of Correctional Services v Balkaran NO and Others (D2110/18 ; D67/21)

MEC for Health, KwaZulu-Natal v King and Others; Department of Correctional Services v Balkaran NO and Others (D2110/18 ; D67/21) [2025] ZALCD 15; (2025) 46 ILJ 1957 (LC) (31 March 2025)

Court

Labour Court Durban

Case number

D2110/18 ; D67/21

Judge

M Makhura

The Labour Court held that the commissioners in both matters committed a material error by failing to enquire into their jurisdiction to arbitrate disputes referred many years after the cause of action arose. The Court found that, despite section 24 of the LRA not prescribing a referral period, disputes must be referred within a reasonable time, with section 191(1) serving as a benchmark. The commissioners should have required the parties to address jurisdiction and delay, especially given the retrospective relief sought. The awards were reviewed and set aside, and the matters remitted for fr…

Source excerpt

• Collective Agreement Interpretation
• Jurisdiction Of Bargaining Council
• Delay In Referral
• Condonation
• Prescription Act Application
• Arbitration Award Review

Majoe v Nala Local Municipality and Another (5559/2023)

Majoe v Nala Local Municipality and Another (5559/2023) [2025] ZAFSHC 117 (31 March 2025)

Court

Free State High Court, Bloemfontein

Case number

5559/2023

Judges

Mhlambi, Naidoo

The High Court held it lacked jurisdiction to review a disciplinary ruling about a collective agreement dispute and dismissed the application with costs.

• Collective Agreement Interpretation
• Jurisdiction Of High Court
• Disciplinary Procedure
• Review Under Rule 53
• Labour-law
• Collective-agreement-interpretation

Department of Education Free State Province v Suid-Afrikaanse Onderwysers Unie obo Greyvenstein and Others (C495/2023)

Department of Education Free State Province v Suid-Afrikaanse Onderwysers Unie obo Greyvenstein and Others (C495/2023) [2025] ZALCCT 15 (6 March 2025)

Court

Labour Court Cape Town

Case number

C495/2023

Judge

Van Voore

The Labour Court granted reinstatement of a review application deemed withdrawn after delay in filing the record, finding good cause and no fatal non-joinder issue.

• Condonation
• Practice Manual Compliance
• Reinstatement Of Review
• Collective Agreement Interpretation
• Non Joinder
• Reinstatement-of-review

Motor Industry Bargaining Council v Spartan Service Station (Pty) Ltd ta Spartan Service Station and Others (J2027/2022)

Motor Industry Bargaining Council v Spartan Service Station (Pty) Ltd ta Spartan Service Station and Others (J2027/2022) [2025] ZALCD 6 (17 February 2025)

Court

Labour Court Durban

Case number

JR2027/2022

Judge

Allen-Yaman

The court found that condonation for the late delivery of the review application should be granted due to a reasonable explanation for the delay, excellent prospects of success, and the absence of prejudice to the respondent. The third respondent erred in ruling that she lacked jurisdiction to interpret the collective agreement under s33A, as s33A(7) expressly empowers arbitrators to determine disputes concerning the interpretation or application of collective agreements. The court rejected previous Labour Court decisions that limited locus standi under s24 to parties to the agreement, holdin…

Source excerpt

• Collective Agreement Interpretation
• Locus Standi
• Condonation
• Jurisdiction Of Bargaining Council
• Review Of Arbitration Ruling

Mantsopa Local Municipality v Samwy obo Tsekoe and Others (JR239/20)

Mantsopa Local Municipality v Samwy obo Tsekoe and Others (JR239/20) [2025] ZALCJHB 34 (30 January 2025)

Court

Labour Court Johannesburg

Case number

JR 293/2020

Judge

Sono, AJ

The Labour Court granted condonation, dismissed a review of a bargaining council award, and held the shift allowance interpretation was reasonable.

• Collective Agreement Interpretation
• Condonation
• Review Of Arbitration Award
• Shift Allowance
• Labour Court Rules
• Collective-agreement-interpretation