South Africa Case Law

SAMWU obo Cheemee v City of Cape Town (C586/2020)

SAMWU obo Cheemee v City of Cape Town (C586/2020) [2024] ZALCCT 36 (16 August 2024)

Court

Labour Court Cape Town

Case number

C586/2020

Judge

Ford

The court held that the commissioner correctly understood her role as limited to determining the fairness of the employer's decision to dismiss, rather than substituting her own sanction. The applicant's argument that the commissioner should have imposed a lesser sanction was rejected, as the commissioner is not empowered to consider the sanction afresh but must assess whether the dismissal falls within the band of reasonableness. The commissioner found that the applicant was guilty of serious misconduct, including gross negligence and dishonesty, which warranted dismissal. The applicant's lo…

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• Unfair Dismissal
• Gross Negligence
• Dishonesty
• Disciplinary Sanction
• Arbitration Review
• Commissioner Powers

Pamplin v Western Cape Education Department and Others (C1034/15)

Pamplin v Western Cape Education Department and Others (C1034/15) [2018] ZALCCT 45 (20 September 2018)

Court

Labour Court Cape Town

Case number

C1034/15

Judge

E Tlhotlhalemaje

The Labour Court dismissed an unopposed application for leave to appeal, finding no reasonable prospects of success against its earlier review judgment.

• Review Of Arbitration Award
• Leave To Appeal
• Reasonable Prospects Of Success
• Burden Of Proof
• Commissioner Powers
• Leave-to-appeal

TOV Cleaning Services CC and Others v Commission for Conciliation, Mediation and Arbitration and Others (JR824/2011)

TOV Cleaning Services CC and Others v Commission for Conciliation, Mediation and Arbitration and Others (JR824/2011) [2016] ZALCJHB 563 (26 October 2016)

Court

Labour Court Johannesburg

Case number

JR824/2011

Judge

Kirstein

The Labour Court found that the commissioner exceeded his powers by determining an automatic unfair dismissal dispute arising from participation in a protected strike. The dismissal of employees for abscondment during a protected strike constitutes an automatically unfair dismissal in terms of Section 187(1)(a) of the Labour Relations Act. The commissioner committed a jurisdictional error by assuming jurisdiction over a dispute that should have been referred to the Labour Court for adjudication. The review test applicable is correctness, and the commissioner’s assumption of jurisdiction was o…

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• Automatic Unfair Dismissal
• Protected Strike
• Jurisdictional Error
• Review Of Arbitration Award
• Commissioner Powers

Absa Bank Limited v Rogers and Others (C31/2014)

Absa Bank Limited v Rogers and Others (C31/2014) [2015] ZALCCT 26 (20 March 2015)

Court

Labour Court Cape Town

Case number

C31/2014

Judge

Rabkin-Naicker

The court found that the Commissioner failed to apply his mind to the importance of the rules breached, the seniority of Rogers' position, the nature of the banking industry, and the reasons for the sanction of dismissal. The Commissioner focused solely on mitigating factors and neglected the interests of the employer, the public, and statutory obligations. The Commissioner also exceeded his powers by ordering reversal of debarment under the FAIS Act. Considering the totality of circumstances and the statutory environment, the court held that the sanction of dismissal was fair and reasonable.…

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• Substantive Fairness Of Dismissal
• Misconduct
• Financial Services Regulation
• Reinstatement
• Commissioner Powers

Jackson and Others v GPSSBC and Others (JR2509/13)

Jackson and Others v GPSSBC and Others (JR2509/13) [2014] ZALCJHB 302 (6 August 2014)

Court

Labour Court Johannesburg

Case number

JR2509/13

Judge

Van Niekerk

Labour Court dismissed a review of a CCMA condonation refusal, holding the rescission was lawful, the affidavit defect was not fatal, and the decision was reasonable.

• Condonation
• Unfair Labour Practice
• Late Referral
• Commissioner Powers
• Review Of Arbitration Award
• Late-referral

Transnet Ltd v Transnet Bargaining Council and Others (JR 187/10)

Transnet Ltd v Transnet Bargaining Council and Others (JR 187/10) [2013] ZALCJHB 153 (30 April 2013)

Court

Labour Court Johannesburg

Case number

JR187/2010

Judge

Cele

Labour Court review of an unfair labour practice award. The court held the commissioner went beyond the pre-arbitration issues and set aside the award.

• Unfair Labour Practice
• Promotion Dispute
• Arbitration Review
• Pre Arbitration Agreement
• Commissioner Powers
• Labour-law

Crown Chicken (Pty) Ltd t/a Sovereign Foods v Commission for Conciliation, Mediation and Arbitration and Others (P337/11)

Crown Chicken (Pty) Ltd t/a Sovereign Foods v Commission for Conciliation, Mediation and Arbitration and Others (P337/11) [2013] ZALCPE 8; (2013) 34 ILJ 2872 (LC) (18 April 2013)

Court

Labour Court Port Elizabeth

Case number

P337/11

Judge

Lallie

The court held that the filing of a rescission application does not oust a CCMA commissioner’s statutory power to rescind his own ruling under section 144(a) of the LRA. The commissioner acted within his powers by rescinding the dismissal ruling on his own accord, based on his knowledge that Faltein was present at the CCMA when his case was called. The commissioner’s delay in exercising this power and the subsequent filing of a rescission application did not deprive him of his authority. The error regarding the date of the dismissal ruling was immaterial and did not render the ruling reviewab…

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• Rescission Of Award
• Commissioner Powers
• Condonation
• Gross Irregularity
• Review Of Arbitration
• Ccma Rules

Hortons v Raffee NO and Others (JR1220/09)

Hortons v Raffee NO and Others (JR1220/09) [2010] ZALC 247 (26 October 2010)

Court

Labour Court

Case number

JR1220/09

Judge

Francis

The Labour Court dismissed a review of a CCMA award after finding no gross irregularity in awarding the employee R10 785 for unpaid savings and sheriff’s returns.

• Review Of Arbitration Award
• Commissioner Powers
• Unpaid Wages
• Basic Conditions Of Employment Act
• Constructive Dismissal
• Labour-law

Cash Paymaster Services Northwest (Pty) Ltd v Commission For Conciliation Mediation And Arbitration and Others (JR1609/06)

Cash Paymaster Services Northwest (Pty) Ltd v Commission For Conciliation Mediation And Arbitration and Others (JR1609/06) [2008] ZALCJHB 3 (28 November 2008)

Court

Labour Court Johannesburg

Case number

JR1609/06

Judge

Molahlehi

The Labour Court held that dismissal for dishonesty was unfair, but set aside reinstatement because the commissioner exceeded her powers under a fixed-term contract.

• Unfair Dismissal
• Fixed Term Contracts
• Remedies For Unfair Dismissal
• Commissioner Powers
• Legitimate Expectation
• Unfair-dismissal

Cash Paymaster Services, North-West (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (JR1609/06)

Cash Paymaster Services, North-West (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (JR1609/06) [2008] ZALC 168; [2009] 5 BLLR 415 (LC) ; (2009) 30 ILJ 1587 (LC) (28 November 2008)

Court

Labour Court

Case number

JR1609/06

Judge

molahlehi

Labour Court review of a CCMA award: dismissal was held too harsh, but reinstatement beyond a fixed-term contract was set aside and replaced with compensation.

• Unfair Dismissal
• Fixed Term Contracts
• Remedies For Unfair Dismissal
• Commissioner Powers
• Unfair-dismissal
• Fixed-term-contracts