South Africa Case Law

Paradze v Kathu Solar Park (RF) (Pty) Ltd (JS198/24)

Paradze v Kathu Solar Park (RF) (Pty) Ltd (JS198/24) [2025] ZALCJHB 296 (30 June 2025)

Court

Labour Court Johannesburg

Case number

JS198/24

Judge

W Kruger

The Labour Court does not have jurisdiction to adjudicate claims under the Employment Equity Act unless the dispute has first been referred to the CCMA for conciliation, as required by sections 10(5) and 10(6) of the EEA. The applicant failed to refer an unfair discrimination dispute under the EEA to the CCMA, and only the unfair dismissal claim under section 187(1)(f) of the LRA was properly before the court. Granting leave to amend the statement of case to include EEA relief would allow the applicant to pursue claims over which the court has no jurisdiction, resulting in further procedural…

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• Employment Equity Act
• Unfair Dismissal
• Jurisdiction
• Statement Of Case Amendment
• Conciliation Requirement

Paradza v Solar Park (Rf) (Pty) Ltd (JS198/24)

Paradza v Solar Park (Rf) (Pty) Ltd (JS198/24) [2025] ZALCJHB 237 (18 June 2025)

Court

Labour Court Johannesburg

Case number

JS198/24

Judge

W Kruger

The court held that it lacks jurisdiction to adjudicate claims under the Employment Equity Act where the dispute was not conciliated at the CCMA, as mandated by sections 10(5) and 10(6) of the Act. The applicant's attempt to amend the statement of case to include such claims was refused because granting the amendment would allow the applicant to pursue relief for which the court has no jurisdiction. The applicant must confine his claim to unfair dismissal under section 187 of the Labour Relations Act and make the necessary factual averments. Costs were awarded against the applicant due to rep…

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• Automatic Unfair Dismissal
• Employment Equity Act Jurisdiction
• Conciliation Requirement
• Statement Of Case Amendment

Truworths Limited v Peter (CA15/2024)

Truworths Limited v Peter (CA15/2024) [2025] ZALAC 37 (5 June 2025)

Court

Labour Appeal Court

Case number

CA15/2024

Judges

Savage JA, Musi, Waglay AJA

The Labour Appeal Court held that an automatically unfair dismissal claim based on protected disclosure could not be adjudicated without prior conciliation.

• Protected Disclosure
• Automatically Unfair Dismissal
• Jurisdiction Of Labour Court
• Conciliation Requirement
• Special Plea
• Condonation

Schultz v Congregation of the Dutch Reformed Church Horizon North and Others (JS725/2023)

Schultz v Congregation of the Dutch Reformed Church Horizon North and Others (JS725/2023) [2024] ZALCJHB 391 (7 October 2024)

Court

Labour Court Johannesburg

Case number

JS 725/23

Judge

Tlhotlhalemaje

The Labour Court ruled that, in light of the binding authority of Intervalve, conciliation is an indispensable jurisdictional precondition for unfair dismissal disputes. Only the Congregation was cited and participated in the CCMA proceedings; the other church structures were not properly cited or conciliated. The fact that these entities may have attended or were aware of the proceedings is irrelevant for jurisdiction. The applicant's joinder application in respect of the second to fifth respondents is incompetent and must be dismissed. The correct approach is to substitute the proper employ…

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• Joinder Of Parties
• Automatically Unfair Dismissal
• Protected Disclosure Act
• Jurisdiction Of Labour Court
• Conciliation Requirement

Mtshali v Stanlib Proprietary Limited (JS618/23)

Mtshali v Stanlib Proprietary Limited (JS618/23) [2024] ZALCJHB 373 (25 September 2024)

Court

Labour Court Johannesburg

Case number

JS 618/2023

Judge

Reed

The Labour Court upheld special pleas to an unfair discrimination claim, finding section 10 of the EEA and the lack of CCMA conciliation barred jurisdiction.

• Employment Equity Act
• Unfair Discrimination
• Jurisdiction
• Conciliation Requirement
• Unfair-discrimination
• Employment-equity-act

National Union of Metalworkers of South African obo Members v SAA Technical SOC Ltd (JA109/23)

National Union of Metalworkers of South African obo Members v SAA Technical SOC Ltd (JA109/23) [2024] ZALAC 41; (2024) 45 ILJ 2524 (LAC); [2024] 12 BLLR 1259 (LAC) (10 September 2024)

Court

Labour Appeal Court

Case number

JA109/23

Judges

Molahlehi, Sutherland, Musi

The Labour Appeal Court held that, notwithstanding the completion of a facilitated consultation process in large-scale retrenchments under section 189A of the Labour Relations Act, a referral to conciliation is a mandatory jurisdictional prerequisite before a dispute about the fairness of a dismissal may be referred to the Labour Court for adjudication. The Court reasoned that facilitation is a pre-dismissal process focused on consultation and compliance, whereas conciliation is a post-dismissal process aimed at resolving the actual dispute about the fairness of the dismissal. The statutory t…

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• Unfair Dismissal
• Retrenchment
• Operational Requirements
• Conciliation Requirement
• Labour Relations Act Interpretation

IMATU obo Espach v Polokwane Local Municipality (J 1171/17)

IMATU obo Espach v Polokwane Local Municipality (J 1171/17) [2023] ZALCJHB 322; [2024] 2 BLLR 143 (LC); (2024) 45 ILJ 308 (LC) (17 November 2023)

Court

Labour Court Johannesburg

Case number

J 1171/17

Judge

GN Moshoana

The Labour Court refused to make an alleged grievance settlement an order of court, finding no valid agreement and no proven right to arbitrate without conciliation.

• Settlement Agreement
• Jurisdiction Of Labour Court
• Offer And Acceptance
• Unfair Labour Practice
• Conciliation Requirement
• Labour-court

O'Connor v Department of Education: Eastern Cape and Others (PR 226 / 22)

O'Connor v Department of Education: Eastern Cape and Others (PR 226 / 22) [2023] ZALCPE 21; (2024) 45 ILJ 1041 (LC) (20 October 2023)

Court

Labour Court Port Elizabeth

Case number

PR 226 / 22

Judge

S Snyman

The Labour Court found that the applicant's dispute arose from employment relations and was governed by the LRA and EEA. The Department's decision not to interview the applicant did not constitute administrative action under PAJA, but was an employment-related decision. Both the LRA and EEA prescribe mandatory dispute resolution processes, requiring referral to conciliation before adjudication by the Labour Court. The applicant failed to refer his dispute to conciliation, which is a jurisdictional prerequisite. Section 158(1)(h) of the LRA does not permit bypassing these processes except in e…

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• Jurisdiction Of Labour Court
• Prescribed Dispute Resolution
• Unfair Discrimination
• Review Under Lra
• Administrative Action
• Conciliation Requirement

National Union of Metalworkers of South Africa v Motor Industry Bargaining Council and Others (JA37/2022)

National Union of Metalworkers of South Africa v Motor Industry Bargaining Council and Others (JA37/2022) [2023] ZALAC 30 (23 August 2023)

Court

Labour Appeal Court

Case number

JA37/2022

Judges

Sutherland JA, Musi JA, Savage AJA

The Labour Appeal Court held that the Labour Court lacked jurisdiction to adjudicate the dispute because it was not referred to conciliation as required by the Labour Relations Act and MIBCO's constitution. Conciliation is a jurisdictional fact and must occur before arbitration or adjudication. Section 158(2) of the LRA does not empower the Labour Court to refer a dispute to arbitration or continue with proceedings unless conciliation has occurred. The appellant's October 2017 referral did not pertain to the 2019 Fund Rules, and the appellant abandoned that process. The court a quo was correc…

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• Collective Agreement Interpretation
• Jurisdiction Of Labour Court
• Conciliation Requirement
• Unfair Discrimination
• Labour Relations Act
• Arbitration Pathways

National Union of Metal Workers of South Africa obo Members v SAA Technical (Pty) Ltd (JS 30 /2022)

National Union of Metal Workers of South Africa obo Members v SAA Technical (Pty) Ltd (JS 30 /2022) [2023] ZALCJHB 154; (2023) 44 ILJ 2000 (LC) (31 May 2023)

Court

Labour Court Johannesburg

Case number

JS 30/2022

Judge

Prinsloo

The Labour Court held that an unfair dismissal dispute after section 189A facilitation still had to be conciliated before court referral, and struck the claim off roll.

• Retrenchment
• Conciliation Requirement
• Jurisdiction Of Labour Court
• Section 189a Process
• Unfair Dismissal
• Conciliation-requirement