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South Africa Case Law

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Labour Law [2025] ZALCJHB 255

National Union of Metalworkers of South Africa and Others v Chabo and Joubert Air Conditioning (Pty) Ltd (JS432/20)

National Union of Metalworkers of South Africa and Others v Chabo and Joubert Air Conditioning (Pty) Ltd (JS432/20) [2025] ZALCJHB 255 (26 June 2025)

Court
Labour Court Johannesburg
Case number
JS432/20
Judge
M Makhura

The Labour Court found a retrenchment substantively unfair for lack of meaningful consultation, rational basis, and fair selection criteria. Reinstatement and compensation were ordered.

  • Retrenchment
  • Section 189a Consultation
  • Selection Criteria
  • Substantive Fairness
  • Compensation And Reinstatement
  • Remedies For Unfair Dismissal
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Labour Law [2012] ZALAC 46

Food and Allied Workers Union obo Kapesi and Others v Premier Foods Ltd t/a Blue Ribbon Salt River; Premier Foods Ltd t/a Blue Ribbon Salt River v Food and Allied Workers Union obo Kapesi and Others (CA7/2010)

Food and Allied Workers Union obo Kapesi and Others v Premier Foods Ltd t/a Blue Ribbon Salt River; Premier Foods Ltd t/a Blue Ribbon Salt River v Food and Allied Workers Union obo Kapesi and Others (CA7/2010) [2012] ZALAC 46; [2012] 12 BLLR 1222 (LAC); (2012) 33 ILJ 1779 (LAC) (16 March 2012)

Court
Labour Appeal Court
Case number
CA7/2010
Judges
Landman AJA, Waglay DJP, Hlophe AJA

The Labour Appeal Court held that Premier Foods failed to prove fair and objective retrenchment selection criteria, and reinstated the dismissed employees retrospectively.

  • Retrenchment
  • Operational Requirements
  • Unfair Dismissal
  • Selection Criteria
  • Polygraph Testing
  • Compensation And Reinstatement
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Labour Law [2012] ZALAC 48

Food And Allied Workers Union obo Kapesi and Others v Premeir Foods Ltd t/a Blue Ribbon Salt River; In Re: Premeir Foods Ltd t/a Blue Ribbon Salt River v Food And Allied Workers Union obo Kapesi and Others (CA7/2010)

Food And Allied Workers Union obo Kapesi and Others v Premeir Foods Ltd t/a Blue Ribbon Salt River; In Re: Premeir Foods Ltd t/a Blue Ribbon Salt River v Food And Allied Workers Union obo Kapesi and Others (CA7/2010) [2012] ZALAC 48 (16 March 2012)

Court
Labour Appeal Court
Case number
CA7/2010
Judges
Landman, Waglay, Hlophe

The Labour Appeal Court held that Premier Foods failed to prove fair, objective retrenchment selection and ordered retrospective reinstatement.

  • Retrenchment
  • Operational Requirements
  • Selection Criteria
  • Unfair Dismissal
  • Polygraph Testing
  • Compensation And Reinstatement
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Labour Law [2011] ZALCJHB 117

Madibeng Local Municipality v South African Local Government Bargaining Council (North-west) and Others (J2033/09)

Madibeng Local Municipality v South African Local Government Bargaining Council (North-west) and Others (J2033/09) [2011] ZALCJHB 117; (2011) 32 ILJ 2978 (LC) (9 June 2011)

Court
Labour Court Johannesburg
Case number
J2033/09
Judge
Lallie

Labour Court reviewed and set aside an arbitration award for failure to apply the mind, defective reasoning, and improper relief under the LRA.

  • Unfair Dismissal
  • Arbitration Review
  • Collective Agreement
  • Procedural Fairness
  • Compensation And Reinstatement
  • Labour-law
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Labour Law [2005] ZALC 79

Berco Express v SATAWU obo Motopi and Others (JR2123/03)

Berco Express v SATAWU obo Motopi and Others (JR2123/03) [2005] ZALC 79; (2006) 27 ILJ 793 (LC) (8 June 2005)

Court
Labour Court
Case number
JR2123/03
Judge
E Revelas

Labour Court review of an unfair dismissal award: the arbitrator wrongly awarded both retrospective reinstatement and compensation and confused poor performance with misconduct.

  • Unfair Dismissal
  • Review Of Arbitration Award
  • Compensation And Reinstatement
  • Procedural Fairness
  • Poor Performance
  • Disciplinary Procedure
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.