South Africa Case Law

Sethibelo v General Public Service Sector Bargaining Council and Others (JR 237/21)

Sethibelo v General Public Service Sector Bargaining Council and Others (JR 237/21) [2025] ZALCJHB 250 (26 June 2025)

Court

Labour Court Johannesburg

Case number

JR 237/21

Judge

Tlhotlhalemaje

The court found that the applicant's dismissal was procedurally unfair due to significant defects in the disciplinary process. The employer failed to formally revoke the applicant's approved leave, and the chairperson of the disciplinary hearing proceeded on the incorrect assumption that no leave had been granted. The evidence showed that the applicant was on authorised leave and that there was an agreement to postpone the hearing, which was not disputed. The Arbitrator failed to consider these facts and thus erred in finding the dismissal procedurally fair. However, the court upheld the Arbi…

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• Procedural Fairness
• Protected Disclosure Act
• Disciplinary Hearing
• Compensation For Unfair Dismissal
• Contractual Rights
• Audi Alteram Partem

Faeroes Properties (Pty) Ltd v Southern African Clothing and Textile Workers Union and Others (JA37/2024)

Faeroes Properties (Pty) Ltd v Southern African Clothing and Textile Workers Union and Others (JA37/2024) [2025] ZALAC 35 (5 June 2025)

Court

Labour Appeal Court

Case number

JA37/2024

Judges

Savage, Sutherland, Davis

Labour Appeal Court upheld findings of unfair retrenchment, dismissed the appeal and cross-appeal, and left compensation in place without costs.

• Large Scale Retrenchment
• Procedural Fairness
• Substantive Fairness
• Compensation For Unfair Dismissal
• Reinstatement Remedy
• Section 189a Application

South African Commercial Catering and Allied Workers Union obo Manzini v Commission for Conciliation, Mediation and Arbitration and Others (JR1505/23)

South African Commercial Catering and Allied Workers Union obo Manzini v Commission for Conciliation, Mediation and Arbitration and Others (JR1505/23) [2025] ZALCJHB 288 (9 May 2025)

Court

Labour Court Johannesburg

Case number

JR 1505/23

Judge

M T M Phehane

The Labour Court held that the review application on substantive fairness must fail, as the second respondent's decision to uphold the dismissal was reasonable in light of the evidence, including video footage showing Ms Manzini's violent conduct. The principle of double jeopardy was not triggered, as no second disciplinary hearing occurred; rather, management reviewed the sanction under an empowering provision in the disciplinary code. The doctrine of subsidiarity precluded reliance on constitutional unlawfulness, requiring the applicant to pursue remedies under the Labour Relations Act. How…

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• Unfair Dismissal
• Procedural Fairness
• Double Jeopardy
• Disciplinary Code
• Subsidiarity
• Compensation For Unfair Dismissal

Nagapan v Yum Restaurants International (Pty) Ltd ta KFC (JS227/21)

Nagapan v Yum Restaurants International (Pty) Ltd ta KFC (JS227/21) [2025] ZALCJHB 292 (25 March 2025)

Court

Labour Court Johannesburg

Case number

JS227/21

Judge

M T M Phehane

The Court found that the respondent failed to provide sufficient notice and information to the applicant and other affected employees to enable meaningful consultation as required by section 189 of the Labour Relations Act and the Code of Good Practice. The first consultation meeting was held on the same day as the section 189(3) notice, amounting to an ambush and denying employees the opportunity to prepare. Subsequent meetings were brief and did not allow for proper engagement with the proposed structure or selection criteria. The respondent did not provide reasons for rejecting detailed co…

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• Retrenchment Procedure
• Selection Criteria
• Meaningful Consultation
• Compensation For Unfair Dismissal
• Preferential Rehiring
• Section 189 Lra

Buthelezi and Others v Mabotwana Security Services (JS821/22)

Buthelezi and Others v Mabotwana Security Services (JS821/22) [2025] ZALCJHB 75 (28 February 2025)

Court

Labour Court Johannesburg

Case number

JS821/22

Judge

Molotsi

The respondent failed to comply with section 189 of the Labour Relations Act by not consulting the applicants or providing sufficient information regarding the retrenchment. The purported operational requirements were not genuine, as the real reason for dismissal was the client's demand. The respondent did not investigate alternatives or engage in a joint consensus-seeking process. The dismissal was both substantively and procedurally unfair. The applicants are entitled to compensation as the respondent's conduct was callous and provided contradictory reasons for dismissal. A just and equitab…

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• Unfair Dismissal
• Retrenchment Procedure
• Section 189 Consultation
• Compensation For Unfair Dismissal

Fempower Personnel (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (JR742/2024)

Fempower Personnel (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (JR742/2024) [2025] ZALCJHB 20 (8 January 2025)

Court

Labour Court Johannesburg

Case number

JR742/2024

Judge

T Mphahlane

The court found that the Commissioner did not commit a gross irregularity in relying on the Employee's direct evidence regarding inconsistency, as it was uncontested and not hearsay. The Commissioner correctly applied the legal principles regarding the employer's onus to rebut credible allegations of inconsistency. However, the Commissioner erred in awarding six months' compensation without considering the fixed-term nature of the Employee's contract and the absence of evidence of impaired dignity or humiliation. The compensation should be limited to the actual loss of income, namely the bala…

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• Unfair Dismissal
• Inconsistency In Discipline
• Compensation For Unfair Dismissal
• Review Of Arbitration Award
• Fixed Term Contract

Reclamation Group v Commission for Conciliation, Mediation and Arbitration and Others (PR223/22)

Reclamation Group v Commission for Conciliation, Mediation and Arbitration and Others (PR223/22) [2024] ZALCPE 50 (28 November 2024)

Court

Labour Court Port Elizabeth

Case number

PR223/22

Judge

RN Daniels

The Labour Court refused leave to appeal against dismissal of a review of an arbitration award, holding that the applicant showed no reasonable prospects of success.

• Review Of Arbitration Award
• Procedural Fairness
• Compensation For Unfair Dismissal
• Leave To Appeal
• Reasonable Prospect Of Success
• Leave-to-appeal

Heidelberg Cash and Carry v Sehunane NO and Another (JR100/24)

Heidelberg Cash and Carry v Sehunane NO and Another (JR100/24) [2024] ZALCJHB 366 (23 August 2024)

Court

Labour Court Johannesburg

Case number

JR100/24

Judge

M Makhura

The court found that the commissioner correctly determined that the second respondent was employed by the applicant and was dismissed on 30 August 2023. The applicant's argument that the employee was a volunteer was unsupported by evidence, and the facts established an employment relationship. The dismissal was both procedurally and substantively unfair, as the applicant failed to justify the termination and did not follow any procedure. The compensation awarded was within the statutory cap and properly considered the circumstances of the dismissal. The review grounds advanced by the applican…

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• Unfair Dismissal
• Review Of Arbitration Award
• Condonation Of Late Filing
• Employment Relationship
• Compensation For Unfair Dismissal

Reclamation Group v Commission for Conciliation, Mediation and Arbitration and Others (PR223/22)

Reclamation Group v Commission for Conciliation, Mediation and Arbitration and Others (PR223/22) [2024] ZALCPE 32 (13 August 2024)

Court

Labour Court Port Elizabeth

Case number

PR223/22

Judge

RN Daniels

The court found that the applicant failed to establish any basis for reviewing or setting aside the arbitration award. The commissioner’s findings regarding procedural unfairness were reasonable, given the evidence that Abbott was prejudiced by the refusal to consider his application for postponement and legal representation. The compensation awarded for procedural unfairness was not excessive or unjustified, as the commissioner did not improperly consider substantive issues when determining relief. The applicant’s arguments did not demonstrate that the commissioner’s decision was one that no…

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• Unfair Dismissal
• Arbitration Review
• Procedural Fairness
• Compensation For Unfair Dismissal

Motor Industry Staff Association and Another v Eastvaal Motors (Pty) Ltd (JS927/2019)

Motor Industry Staff Association and Another v Eastvaal Motors (Pty) Ltd (JS927/2019) [2024] ZALCJHB 256; (2024) 45 ILJ 2349 (LC) (17 July 2024)

Court

Labour Court Johannesburg

Case number

JS927/2019

Judge

RN Daniels

The court found, on the overwhelming balance of facts, that Eastvaal Motors (Pty) Ltd took transfer of the whole business of Motomid (Pty) Ltd as a going concern on 1 April 2019. The respondent continued the same business, with the same assets, customers, workforce, and premises, and recognized prior service and leave entitlement of employees. The dismissal of the second applicant was directly related to the transfer and thus automatically unfair in terms of section 187(1)(g) of the Labour Relations Act. The respondent's arguments regarding lack of intention, absence of share purchase, and ju…

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• Transfer Of Business As Going Concern
• Automatic Unfair Dismissal
• Section 197 Lra
• Jurisdiction Of Labour Court
• Compensation For Unfair Dismissal