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South Africa decisions
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Odayar v Wilkes N.O and Others (JR23/23) [2024] ZALCJHB 350 (9 September 2024)
The Labour Court dismissed a review of a CCMA arbitration award on constructive dismissal and disability discrimination, upholding six months' compensation as reasonable.
Impala Platinum Limited v Commission For Conciliation Mediation and Arbitration (JR623/2020) [2023] ZALCJHB 348 (31 July 2023)
Labour Court reviewed a compensation award for procedural unfairness, reducing it from 10 months to 2 months and dismissing a late cross-review.
Moschinsky v Commission for Conciliation, Mediation and Arbitration and Others (C706/2021) [2023] ZALCCT 44 (14 July 2023)
The Labour Court refused condonation for a late Rule 7A(8) notice and dismissed a review of a retrenchment award, finding no basis to interfere.
Shoprite Checkers (Pty) Ltd v JL and Others (C886/17; C627/2018) [2021] ZALCCT 95; (2022) 43 ILJ 903 (LC) (10 December 2021)
Labour Court upheld a sexual harassment finding and employer liability, reduced compensation, set aside constructive dismissal, and varied costs.
City of Tshwane Metropolitan Municipality v South African Local Government Bargaining Council and Others (JR795/18) [2021] ZALCJHB 394 (15 October 2021)
The court found that the arbitrator's decision fell within the band of reasonableness. The restrictive interpretation of 'suspension' advanced by the applicant was rejected; the LRA does not limit unfair suspension to disciplinary contexts. The employees were suspended without pay for refusing to sign new contracts, and the bargaining council had jurisdiction to determine the dispute. The compensation awarded was within the arbitrator's powers and discretion, and there was no evidence of capriciousness, bias, or incorrect principle. The review application lacked merit and was dismissed. Costs…
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Association of Mineworkers and Construction Union and Others v Northam Platinum Mine Limited (JA8/19; JA9/19) [2021] ZALAC 32; (2021) 42 ILJ 2565 (LAC); [2022] 1 BLLR 28 (LAC) (14 September 2021)
The Labour Appeal Court held that the dismissals were not invalid under the Mine Health and Safety Act, as the appellants failed to establish reasonable justification for their sustained absence after 15 June 2016. The enhanced security measures implemented by Northam rendered the workplace reasonably safe, and the subjective fears of the appellants were not objectively sustainable. The dismissals were not automatically unfair, as the dominant reason was unauthorised absenteeism, not trade union membership. The court found the dismissals substantively unfair due to Northam's lack of compassio…
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Ekhuruleni Metropolitan Municipality v Mandosela and Others (JA29/2020) [2021] ZALAC 14; [2021] 10 BLLR 994 (LAC); (2021) 42 ILJ 2168 (LAC) (2 July 2021)
The Labour Appeal Court held that the Labour Court erred in substituting the arbitrator's award of three months' compensation with twelve months' compensation. The arbitrator's discretion in determining compensation was not exercised capriciously, on a wrong principle, with bias, or without reason. There was no factual or legal basis for the Labour Court's interference, and the employment period relevant for compensation was limited to the last fixed-term contract. The court further found that the first respondents were not deemed permanent employees of the appellant during the second period…
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McGregor v Public Health and Social Development Sectoral Bargaining Council and Others (CCT 270/20) [2021] ZACC 14; (2021) 42 ILJ 1643 (CC); [2021] 9 BLLR 861 (CC); 2021 (5) SA 425 (CC); 2021 (10) BCLR 1131 (CC) (17 June 2021)
The Constitutional Court held that the Labour Court and Labour Appeal Court misdirected themselves by failing to review and reduce the compensation awarded to Dr McGregor after overturning the finding of substantive unfairness. The Court found that compensation for unfair dismissal is discretionary and must be just and equitable, taking into account the nature and gravity of the misconduct, the extent of procedural irregularity, and the impact on the victim. In this case, the procedural irregularities were minor and did not justify six months’ compensation, especially given the seriousness of…
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Goldplat Recovery (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (JR488/2019) [2021] ZALCJHB 48 (3 February 2021)
Labour Court dismissed Goldplat’s review of a CCMA award, upholding a finding that Maziya’s dismissal was substantively unfair and that maximum compensation was justified.
Ukweza Holdings (Pty) Ltd v Nyondo and Others (PA2/19) [2020] ZALAC 7; [2020] 6 BLLR 544 (LAC); (2020) 41 ILJ 1354 (LAC) (4 March 2020)
The Labour Appeal Court held that a fixed-term contract ending by effluxion of time was not a dismissal, so the CCMA lacked jurisdiction.
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