South Africa Case Law

NUMSA obo Ramothibe and Others v Commission for Conciliation, Mediation and Arbitration and Others (JR1655/22)

NUMSA obo Ramothibe and Others v Commission for Conciliation, Mediation and Arbitration and Others (JR1655/22) [2025] ZALCJHB 60 (17 February 2025)

Court

Labour Court Johannesburg

Case number

JR1655/22

Judge

L. De Haan

The Labour Court dismissed NUMSA’s application for leave to appeal, finding no reasonable prospects of success on the collective-liability and fairness issues.

• Leave To Appeal
• Collective Liability
• Procedural Fairness
• Substantive Fairness
• Team Liability
• Derivative Misconduct

True Blue Foods (Pty) Ltd t/a Kentucky Fried Chicken (KFC) v Commission for Conciliation Mediation And Arbitration and Others (D441/11)

True Blue Foods (Pty) Ltd t/a Kentucky Fried Chicken (KFC) v Commission for Conciliation Mediation And Arbitration and Others (D441/11) [2014] ZALCD 70; [2015] 2 BLLR 194 (LC); (2015) 36 ILJ 1375 (LC) (28 November 2014)

Court

Labour Court Durban

Case number

D441/11

Judge

Shai

The court found that the arbitrator misunderstood and misapplied the legal principles governing team misconduct. The arbitrator erroneously required proof of individual culpability, whereas established case law holds that in cases of team misconduct, it is sufficient that employees are members of a team that collectively failed to meet its obligations. The facts demonstrated significant stock losses, repeated warnings, and the impossibility of the losses occurring without the team members' awareness or involvement. The arbitrator's decision fell outside the range of reasonable outcomes and wa…

Source excerpt

• Team Misconduct
• Stock Loss
• Substantive Fairness
• Review Of Arbitration Award
• Collective Liability