South Africa Case Law

Association of Mineworkers & Construction Union (AMCU) v Metal and Engineering Industries Bargaining Council and Others (C193/2020)

Association of Mineworkers & Construction Union (AMCU) v Metal and Engineering Industries Bargaining Council and Others (C193/2020) [2023] ZALCCT 36 (29 June 2023)

Court

Labour Court Cape Town

Case number

C193/2020

Judge

Rabkin-Naicker

Labour Court review of a dismissal award dismissed. Condonation for late filing was granted, but the court upheld the arbitrator’s finding that the instruction was reasonable.

• Unfair Dismissal
• Condonation Of Late Filing
• Reasonable Instructions
• Consistency In Dismissal
• Breakdown Of Trust
• Sanction For Misconduct

National Transport Movement (NTM) and Others v Passenger Rail Agency of South Africa Limited (PRASA) (JA43/16)

National Transport Movement (NTM) and Others v Passenger Rail Agency of South Africa Limited (PRASA) (JA43/16) [2017] ZALAC 71; [2018] 2 BLLR 141 (LAC); (2018) 39 ILJ 560 (LAC) (21 November 2017)

Court

Labour Appeal Court

Case number

JA43/16

Judges

Tlaletsi, Landman, Kathree-Setiloane

The Labour Appeal Court held that PRASA’s dismissals of striking workers were substantively and procedurally unfair and ordered retrospective reinstatement.

• Unfair Dismissal
• Derivative Misconduct
• Procedural Fairness
• Consistency In Dismissal
• Reinstatement
• Collective Bargaining Rights

NTM obo Tunyiswa v Commission for Conciliation, Mediation and Arbitration and Others (JR810/15)

NTM obo Tunyiswa v Commission for Conciliation, Mediation and Arbitration and Others (JR810/15) [2017] ZALCJHB 374 (10 October 2017)

Court

Labour Court Johannesburg

Case number

JR810/15

Judge

Hutchinson

Labour Court review of an arbitration award upholding dismissal for alleged loan-sharking and moonlighting was dismissed because the award was found reasonable.

• Unfair Dismissal
• Review Of Arbitration Award
• Condonation
• Consistency In Dismissal
• Civil Standard Of Proof
• Labour-law

Tsiu v CCMA and Others (JR 895/10)

Tsiu v CCMA and Others (JR 895/10) [2015] ZALCJHB 226 (31 July 2015)

Court

Labour Court Johannesburg

Case number

JR 895/10

Judge

Whitcher

Review of a CCMA arbitration award dismissed: the Labour Court found no material unfairness, bias, or reviewable error, and upheld the dismissal as reasonable.

• Review Of Arbitration Award
• Unfair Dismissal
• Procedural Fairness
• Substantive Fairness
• Reasonable Decision Maker
• Consistency In Dismissal

Mahlake v General Public Service Sectoral Bargaining Council and Others (JR1656/12)

Mahlake v General Public Service Sectoral Bargaining Council and Others (JR1656/12) [2014] ZAGPJHC 44 (24 February 2014)

Court

South Gauteng High Court, Johannesburg

Case number

JR1656/12

Judge

Van Niekerk

The Labour Court refused leave to appeal against a review judgment upholding a dismissal for financial mismanagement, finding no reasonable prospect of a different outcome.

• Unfair Dismissal
• Review Of Arbitration Award
• Sanction For Misconduct
• Consistency In Dismissal
• Procedural Fairness
• Labour-law

Food and Allied Workers Union obo Others v Commission for Conciliation Mediation and Arbitration and Others (JR 246/2012)

Food and Allied Workers Union obo Others v Commission for Conciliation Mediation and Arbitration and Others (JR 246/2012) [2013] ZALCJHB 221 (17 September 2013)

Court

Labour Court Johannesburg

Case number

JR 246/2012

Judge

AC Basson

The Labour Court found that the Commissioner’s award was reasonable and sound. The applicants failed to obey a lawful instruction over a sustained period, amounting to gross insubordination. The Commissioner was entitled to disregard the alleged bona fide belief of the applicants, as no evidence was presented to support it. The sanction of dismissal was appropriate given the gravity and duration of the misconduct. The distinctions made between different categories of employees were justified by their conduct and employment status. The applicants’ grounds for review, including alleged inconsis…

Source excerpt

• Review Of Arbitration Award
• Gross Insubordination
• Consistency In Dismissal
• Reasonableness Of Sanction
• Change In Terms And Conditions
• Procedural Fairness

Zimu v Commission for Conciliation Mediation and Arbitration and Others (JA 23/10)

Zimu v Commission for Conciliation Mediation and Arbitration and Others (JA 23/10) [2011] ZALAC 34 (28 September 2011)

Court

Labour Appeal Court

Case number

JA 23/10

Judges

Murphy, Waglay, Mocumie

Labour Appeal Court upheld a dismissal for dishonesty, holding there was no inconsistency because the comparator employee faced different charges.

• Consistency In Dismissal
• Dishonesty In Employment
• Code Of Good Practice Dismissal
• Arbitration Review
• Trust Relationship
• Dismissal-consistency

South African Municipal Workers Union obo Abrahams and Others v City of Cape Town and Others (C655/2009)

South African Municipal Workers Union obo Abrahams and Others v City of Cape Town and Others (C655/2009) [2011] ZALCCT 15; [2011] 11 BLLR 1106 (LC); (2011) 32 ILJ 3018 (LC) (17 June 2011)

Court

Labour Court Cape Town

Case number

C655/2009

Judge

Shai AJ

The court found that the arbitrator correctly applied the principles of derivative misconduct and common purpose, given the collective planning and execution of the unlawful strike and blockade. The applicants were identified at the Civic Centre and failed to provide explanations for their presence or non-involvement, justifying the inference of participation. The disciplinary procedure collective agreement was not violated, as all applicants were given an opportunity to defend themselves. The court held that the employer's disciplinary action was not inconsistent or capricious, as all employ…

Source excerpt

• Unfair Dismissal
• Collective Misconduct
• Derivative Misconduct
• Disciplinary Procedure
• Consistency In Dismissal

National Union of Mineworkers and Another v Commission for Conciliation Mediation and Arbitration and Others (JR113/06)

National Union of Mineworkers and Another v Commission for Conciliation Mediation and Arbitration and Others (JR113/06) [2008] ZALC 208 (5 August 2008)

Court

Labour Court

Case number

JR113/06

Judge

Francis

The Labour Court reviewed a CCMA award after finding the commissioner failed to properly address whether dismissal was applied consistently.

• Consistency In Dismissal
• Review Of Arbitration Award
• Onus Of Fair Dismissal
• Parity Rule
• Procedural Fairness
• Dismissal-consistency

National Union of Mineworkers and Another v Commission for Conciliation Mediation And Arbitration and Others (JR113/06)

National Union of Mineworkers and Another v Commission for Conciliation Mediation And Arbitration and Others (JR113/06) [2008] ZALCJHB 60 (5 August 2008)

Court

Labour Court Johannesburg

Case number

JR113/06

Judge

Francis J

Labour Court review of a CCMA award on dismissal consistency. The court set aside the award on that issue because the commissioner failed to deal properly with comparable misconduct by another employee.

• Consistency In Dismissal
• Arbitration Review
• Parity Rule
• Substantive Fairness
• Procedural Fairness
• Labour-law