South Africa Case Law

Voice of Workers of South Africa Civil Rights Union and Another v Megabus Coach (Pty) Ltd (JS907/2020)

Voice of Workers of South Africa Civil Rights Union and Another v Megabus Coach (Pty) Ltd (JS907/2020) [2025] ZALCJHB 324 (28 July 2025)

Court

Labour Court Johannesburg

Case number

JS907/2020

Judge

Kumalo MP

The Labour Court found Lindiwe Mahlangu’s dismissal substantively unfair after unprotected strike allegations were not proved against her and reinstatement was ordered.

• Unfair Dismissal
• Strike Definition
• Parity Principle
• Consistency In Discipline
• Reinstatement Remedy
• Unfair-dismissal

SACCAWU obo Kamogelo v Commission for Conciliation Mediation and Arbitration and Others (JR262/22)

SACCAWU obo Kamogelo v Commission for Conciliation Mediation and Arbitration and Others (JR262/22) [2025] ZALCJHB 234 (19 June 2025)

Court

Labour Court Johannesburg

Case number

JR262/22

Judge

Lennox

The Court found that the Commissioner did not commit a gross irregularity in upholding the dismissal of Mr Kamogelo for failing to wear a mask at work during the Covid-19 pandemic. The evidence showed that the rule was known to employees and that Checkers had consistently dismissed other employees for similar offences. The Commissioner properly considered the seriousness of the breach, the context of the pandemic, and the employer's disciplinary practices. There was no evidence of inconsistency, moral outrage, or vengeance in the employer's conduct. The decision fell within the band of reason…

Source excerpt

• Unfair Dismissal
• Covid 19 Workplace Rules
• Gross Irregularity
• Consistency In Discipline

Association of Mineworkers and Construction Workers Union obo Matebele and Others v Commission for Conciliation, Mediation and Arbitration and Others (JR1895/21)

Association of Mineworkers and Construction Workers Union obo Matebele and Others v Commission for Conciliation, Mediation and Arbitration and Others (JR1895/21) [2025] ZALCJHB 163 (16 May 2025)

Court

Labour Court Johannesburg

Case number

JR1895/21

Judge

Botes

Labour Court held the CCMA had jurisdiction over misconduct dismissals arising during an unprotected strike, but reviewed and set aside the award for inadequate reasoning.

• Unfair Dismissal
• Ccma Jurisdiction
• Derivative Misconduct
• Consistency In Discipline
• Review Of Arbitration Award
• Unfair-dismissal

Standard Bank of South Africa v Motswege and Others (JR1628/22)

Standard Bank of South Africa v Motswege and Others (JR1628/22) [2025] ZALCJHB 64 (14 February 2025)

Court

Labour Court Johannesburg

Case number

JR1628/22

Judge

S Maluleke

The Labour Court reviewed and set aside a CCMA award finding a bank dismissal unfair, holding the arbitrator misapplied consistency and ignored key material factors.

• Unfair Dismissal
• Consistency In Discipline
• Parity Principle
• Review Of Arbitration Award
• Substantive Fairness
• Unfair-dismissal

Goodyear South Africa (Pty) Ltd v Commission for Conciliation Mediation and Arbitration and Others (PR142/22)

Goodyear South Africa (Pty) Ltd v Commission for Conciliation Mediation and Arbitration and Others (PR142/22) [2024] ZALCPE 41; [2025] 1 BLLR 35 (LC) (6 November 2024)

Court

Labour Court Port Elizabeth

Case number

PR142/22

Judge

M Makhura

The Labour Court dismissed Goodyear’s review of a CCMA award, upholding findings that 54 dismissals for insubordination were substantively unfair.

• Unfair Dismissal
• Insubordination
• Collective Misconduct
• Disciplinary Procedure
• Consistency In Discipline
• Arbitration Review

NUM obo Magagula v Commission For Conciliation Mediation and Arbitration and Others (JR554/18)

NUM obo Magagula v Commission For Conciliation Mediation and Arbitration and Others (JR554/18) [2024] ZALCJHB 333 (23 May 2024)

Court

Labour Court Johannesburg

Case number

JR554/18

Judge

Mokose AJ

Labour Court review dismissed: the commissioner’s finding that dismissal for dishonesty was substantively fair fell within the band of reasonableness.

• Unfair Dismissal
• Dishonesty In Employment
• Consistency In Discipline
• Substantive Fairness
• Disciplinary Code Interpretation
• Dismissal-for-dishonesty

Supersteel Merchants (Pty) Ltd v Roodt and Others (JR2140/21)

Supersteel Merchants (Pty) Ltd v Roodt and Others (JR2140/21) [2024] ZALCJHB 205 (15 May 2024)

Court

Labour Court Johannesburg

Case number

JR2140/21

Judge

RN Daniels

Labour Court review dismissed: the commissioner’s unfair dismissal award was reasonable, no material evidence was ignored, and punitive costs were ordered.

• Review Of Arbitration Award
• Consistency In Discipline
• Unfair Dismissal
• Reasonableness Test
• Procedural Fairness
• Labour-law

SBX t-a DB Thermal(A Division of DBT(Pty) Ltd) v Nhlapo and Others (JR1383/19)

SBX t-a DB Thermal(A Division of DBT(Pty) Ltd) v Nhlapo and Others (JR1383/19) [2024] ZALCJHB 140 (22 March 2024)

Court

Labour Court Johannesburg

Case number

JR1383/19

Judge

Tlhotlhalemaje

The court found that the arbitrator's award reinstating the employee was not reasonable. The evidence established that the employee breached a cardinal safety rule by handling his mobile phone while operating a vehicle on site, despite being aware of the rule and its consequences. The arbitrator failed to properly consider the seriousness of the misconduct, the operational requirements for zero tolerance, and the lack of genuine remorse. The explanation for the delay in prosecuting the review was unsatisfactory, but the interests of justice and prospects of success warranted condonation and r…

Source excerpt

• Unfair Dismissal
• Review Of Arbitration Award
• Condonation For Late Filing
• Zero Tolerance Policy
• Consistency In Discipline

Vodacom (Pty) Ltd v Jivan and Others (JR 2149/19)

Vodacom (Pty) Ltd v Jivan and Others (JR 2149/19) [2023] ZALCJHB 211 (20 July 2023)

Court

Labour Court Johannesburg

Case number

JR 2149/19

Judge

Tlhotlhalemaje

Labour Court review of an arbitration award concerning dismissal for insubordination and gross negligence. The court set aside the award and upheld the dismissal as substantively fair.

• Unfair Dismissal
• Insubordination
• Gross Negligence
• Breakdown Of Trust
• Consistency In Discipline
• Labour-law

South African National Blood Service v NEHAWU obo Mathobisa and Others (JR 654/2021)

South African National Blood Service v NEHAWU obo Mathobisa and Others (JR 654/2021) [2023] ZALCJHB 58 (16 March 2023)

Court

Labour Court Johannesburg

Case number

JR 654/2021

Judge

Van Niekerk

Labour Court review of a CCMA arbitration award succeeded after the court found material errors of fact and law in the arbitrator’s inconsistency analysis.

• Unfair Dismissal
• Consistency In Discipline
• Review Of Arbitration Award
• Parity Principle
• Review-of-arbitration-award
• Unfair-dismissal