South Africa Case Law

National Health Education and Allied Workers Union and Another v Mtati and Others (D131/2023)

National Health Education and Allied Workers Union and Another v Mtati and Others (D131/2023) [2025] ZALCD 27 (31 July 2025)

Court

Labour Court Durban

Case number

D131/2023

Judge

K Allen-Yaman

The court found that the arbitrator's decision to award compensation rather than reinstatement was not supported by the evidence. The arbitrator incorrectly concluded that reinstatement was impracticable due to redundancy, relying on speculative and hearsay evidence from a witness not employed by the respondent. The second applicant had consistently sought reinstatement, and there was no evidence that she preferred compensation or that her position was genuinely redundant. The delay in filing the review application was relatively short and largely explained, and there was no discernible preju…

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• Condonation
• Unfair Dismissal
• Remedies For Unfair Dismissal
• Reinstatement
• Compensation
• Arbitration Review

Southern African Clothing and Textile Workers Union and Others v Agri Poultry (Pty) Ltd ta Daybreak Farm and Others (JS751/22)

Southern African Clothing and Textile Workers Union and Others v Agri Poultry (Pty) Ltd ta Daybreak Farm and Others (JS751/22) [2025] ZALCJHB 304 (24 July 2025)

Court

Labour Court Johannesburg

Case number

JS751/22

Judge

MB Mahalelo

The court found that the respondent failed to discharge its onus to prove that the three shop stewards were guilty of incitement, as no credible evidence was led against them. The deductions from bonus payments were lawful and did not amount to provocation. The strike lasted for three days and was not of limited duration. Although formal written ultimatums were not issued, the employees were adequately warned through union engagement and shop steward communication. The respondent applied discipline inconsistently by dismissing some employees without valid final written warnings and treating s…

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• Unfair Dismissal
• Unprotected Strike
• Parity Principle
• Disciplinary Inconsistency
• Remedies For Unfair Dismissal
• Compensation

Digicall Transport Solutions (Pty) Ltd v Gosa and Others (JR1083/23)

Digicall Transport Solutions (Pty) Ltd v Gosa and Others (JR1083/23) [2025] ZALCJHB 303 (10 July 2025)

Court

Labour Court Johannesburg

Case number

JR1083/23

Judge

Schensema

The Court found that the applicant failed to provide any factual basis for its grounds of review in its founding papers and did not supplement its case with a supplementary affidavit. The applicant merely advanced conclusions without supporting evidence and improperly attempted to make out its case in heads of argument. The Commissioner’s findings were based on the evidence before her, which showed that the restructuring was not bona fide but rather a device to compel the third respondent to accept a reduced salary. The consultation process was a fait accompli, and no genuine alternatives wer…

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• Unfair Dismissal
• Retrenchment
• Compensation
• Review Of Arbitration Award
• Section 189 Consultation
• Costs Award

Eskom Holdingd Soc Ltd v Commission for Conciliation, Mediation Arbitrator and Others (JR170/24)

Eskom Holdingd Soc Ltd v Commission for Conciliation, Mediation Arbitrator and Others (JR170/24) [2025] ZALCJHB 313 (8 July 2025)

Court

Labour Court Johannesburg

Case number

JR170/24

Judge

Mafa-Chali

The Labour Court granted condonation for a late leave-to-appeal application, but refused leave because Eskom showed no reasonable prospects of success.

• Condonation
• Leave To Appeal
• Unfair Labour Practice
• Review Of Arbitration Award
• Compensation Award
• Leave-to-appeal

Golden Arrow Bus Services (Pty) Ltd v Commission for Conciliation Mediation and Arbitration and Others (CA10/2024)

Golden Arrow Bus Services (Pty) Ltd v Commission for Conciliation Mediation and Arbitration and Others (CA10/2024) [2025] ZALAC 38 (19 June 2025)

Court

Labour Appeal Court

Case number

CA10/2024

Judges

Savage, Musi, Waglay

The Labour Appeal Court held that the commissioner’s refusal to order reinstatement was reasonable and supported by compelling evidence. The respondent, a senior manager, failed to take responsibility for the problems during the smartcard rollout, refused to cooperate with the investigation, and made unfounded accusations against management. These actions objectively demonstrated a breakdown of trust and accountability, meeting the high threshold of intolerability required by section 193(2)(b) of the Labour Relations Act. The Labour Court was not justified in interfering with the commissioner…

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• Unfair Dismissal
• Reinstatement
• Intolerability Threshold
• Remedies Under Lra
• Breakdown Of Trust
• Compensation

Jindal Mining South Africa (Pty) Ltd v Association of Mineworkers and Construction Workers Union obo Zwane and Others (JR2422/23)

Jindal Mining South Africa (Pty) Ltd v Association of Mineworkers and Construction Workers Union obo Zwane and Others (JR2422/23) [2025] ZALCJHB 229 (19 June 2025)

Court

Labour Court Johannesburg

Case number

JR2422/23

Judge

VG Mkwibiso

The court found that the CCMA had jurisdiction to arbitrate the dispute, as the real issue was the fairness of the dismissal for alleged poor performance, not discrimination based on union membership. The employer did not challenge the finding of no evidence of poor performance, making the dismissal substantively unfair. The Commissioner’s refusal to order reinstatement was unreasonable, as there was no evidence that reinstatement was impracticable or intolerable, and the employer’s claims of outsourcing were not substantiated at arbitration. Reinstatement is the primary remedy for substantiv…

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• Unfair Dismissal
• Reinstatement
• Compensation
• Ccma Jurisdiction
• Review Test
• Procedural Fairness

Mqikela v Pristo Response Trading (JS562/22)

Mqikela v Pristo Response Trading (JS562/22) [2025] ZALCJHB 243 (18 June 2025)

Court

Labour Court Johannesburg

Case number

JS562/22

Judge

M Makhura

The court found that the plaintiff's dismissal was not based on genuine operational requirements but was a direct response to her referral of an unfair labour practice dispute to the CCMA. The evidence showed that the retrenchment process was initiated within 24 hours of the referral, and the defendant's explanations regarding operational requirements and outsourcing were inconsistent and contradicted by documentary and oral evidence. The court applied the Afrox test and concluded that the dismissal would not have occurred but for the plaintiff's exercise of her statutory right. The referral…

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• Automatically Unfair Dismissal
• Section 187 1 D
• Unfair Labour Practice
• Compensation
• Costs Of Suit

Inama v Raydian (Pty) Ltd (JS718/2023)

Inama v Raydian (Pty) Ltd (JS718/2023) [2025] ZALCJHB 219 (13 June 2025)

Court

Labour Court Johannesburg

Case number

JS718/2023

Judge

W Kruger

The applicant's conduct and written communication on 18 August 2023 demonstrated a clear and unambiguous intention to terminate her employment prior to the expiry of the notice period. By revoking her notice period and ceasing to work, she effectively resigned before the date of dismissal as contemplated in the retrenchment letter. The court found that the applicant was not dismissed by the respondent but resigned of her own accord, and therefore her claim for unfair dismissal could not succeed. The special plea was upheld and the applicant's claim dismissed.

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• Unfair Dismissal
• Resignation
• Retrenchment
• Notice Period
• Compensation
• Costs

Lorren v Raydian (Pty) Ltd (JS718/2023)

Lorren v Raydian (Pty) Ltd (JS718/2023) [2025] ZALCJHB 228 (13 June 2025)

Court

Labour Court Johannesburg

Case number

JS718/2023

Judge

W Kruger

The Labour Court upheld a special plea after finding the applicant resigned during her notice period, so her unfair dismissal claim was dismissed.

• Unfair Dismissal
• Resignation
• Retrenchment
• Notice Period
• Section 189 Consultation
• Compensation

SAMWU obo Moloisane v City of Tshwane Local Municipality and Others (JR 850/2019)

SAMWU obo Moloisane v City of Tshwane Local Municipality and Others (JR 850/2019) [2025] ZALCJHB 215 (10 June 2025)

Court

Labour Court Johannesburg

Case number

JR 850/2019

Judge

R Lagrange

The Labour Court upheld compensation instead of reinstatement for dismissed community health workers, finding permanent reinstatement was not reasonably practicable.

• Unfair Dismissal
• Reinstatement
• Fixed Term Contracts
• Compensation
• Labour Court Practice Manual
• Section 193 Lra