South Africa Case Law

Tshikomba v South African Local Government Bargaining Council and Others (JR1186/24)

Tshikomba v South African Local Government Bargaining Council and Others (JR1186/24) [2024] ZALCJHB 412 (23 October 2024)

Court

Labour Court Johannesburg

Case number

JR1186/24

Judge

N.S. Musiker

The Court found that the Applicant had abandoned the consistency argument during arbitration and did not place the issue in dispute. The Commissioner was not required to raise consistency mero motu. The evidence regarding the appropriateness of the sanction was before the Commissioner, and the Applicant had the opportunity to present further personal circumstances but failed to do so. The Commissioner expressly considered the seriousness of the offences and the appropriateness of dismissal as a sanction. The review application was based on bald and unsupported allegations, and no reasonable d…

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• Unfair Dismissal
• Consistency Of Discipline
• Arbitration Review
• Sanction Appropriateness

Sasol Mine Limited v Nhlapo and Others (JA20/2020)

Sasol Mine Limited v Nhlapo and Others (JA20/2020) [2021] ZALAC 28; (2021) 42 ILJ 2589 (LAC); [2021] 12 BLLR 1209 (LAC) (9 September 2021)

Court

Labour Appeal Court

Case number

JA20/2020

Judges

Waglay JP, Savage AJA, Molefe AJA

The Labour Appeal Court upheld dismissals of employees who took part in an unprotected underground strike at Sasol Mine, finding the sanction fair.

• Unprotected Strike
• Unfair Dismissal
• Consistency Of Discipline
• Strike Definition
• Procedural Fairness
• Substantive Fairness

Sehoane v Department of Correctional Services and Others (D1369/17)

Sehoane v Department of Correctional Services and Others (D1369/17) [2021] ZALCD 56 (4 August 2021)

Court

Labour Court Durban

Case number

D1369/17

Judge

N Govender

The court found that the applicant provided a reasonable and acceptable explanation for the delay in filing the transcribed record, primarily due to financial hardship and attorney unavailability. The delay of approximately three months was not inordinately long given the circumstances. The applicant never abandoned the review application and took satisfactory steps to prosecute it. The prospects of success were demonstrable, particularly regarding the issue of consistency in disciplinary action. The interests of justice favored granting condonation and allowing reinstatement of the review ap…

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• Condonation
• Review Of Arbitration Award
• Practice Manual Compliance
• Unfair Dismissal
• Consistency Of Discipline

Mogapi v Commission for Conciliation, Mediation and Arbitration and Others (JR2014/17)

Mogapi v Commission for Conciliation, Mediation and Arbitration and Others (JR2014/17) [2020] ZALCJHB 21 (29 January 2020)

Court

Labour Court Johannesburg

Case number

JR2014/17

Judge

Van Niekerk

Labour Court review of a dismissal award for gross negligence was dismissed. The court found the arbitrator’s decision reasonable and supported by the evidence.

• Unfair Dismissal
• Gross Negligence
• Review Of Arbitration Award
• Consistency Of Discipline
• Breakdown Of Trust Relationship
• Unfair-dismissal

National Union of Mineworkers and Another v Commission for Conciliation, Mediation and Arbitration and Others (JR1143/12)

National Union of Mineworkers and Another v Commission for Conciliation, Mediation and Arbitration and Others (JR1143/12) [2019] ZALCJHB 93 (9 May 2019)

Court

Labour Court Johannesburg

Case number

JR1143/12

Judge

Mthalane

The Labour Court dismissed a review of a CCMA award, finding the commissioner reasonably relied on circumstantial evidence that the employee damaged machinery.

• Unfair Dismissal
• Circumstantial Evidence
• Review Test
• Consistency Of Discipline
• Unfair-dismissal
• Ccma-review

Isikhonyane Cleaning Services v Commission for Conciliation, Mediation and Arbitration and Others (JA36/2014)

Isikhonyane Cleaning Services v Commission for Conciliation, Mediation and Arbitration and Others (JA36/2014) [2015] ZALAC 122 (5 October 2015)

Court

Labour Appeal Court

Case number

JA36/2014

Judges

Davis JA, Ndlovu JA, Mngqibisa-Thusi AJA

Labour Appeal Court upheld the setting aside of a dismissal award, finding the arbitrator failed to assess sanction, consistency, and breakdown of trust.

• Unfair Dismissal
• Consistency Of Discipline
• Review Of Arbitration Award
• Breakdown Of Employment Relationship
• Unfair-dismissal
• Consistent-discipline

Ntshona v Public Health and Social Development Sectoral Bargaining Council and Others (P377/2010)

Ntshona v Public Health and Social Development Sectoral Bargaining Council and Others (P377/2010) [2015] ZALCPE 4 (27 January 2015)

Court

Labour Court Port Elizabeth

Case number

P377/2010

Judge

Lallie

Labour Court review dismissed: the arbitrator reasonably upheld dismissal for misleading media statements, and differences in sanction were justified by gravity and remorse.

• Unfair Dismissal
• Consistency Of Discipline
• Parity Principle
• Release Of Information
• Misconduct
• Sanction Appropriateness

Hillside Aluminium Ltd Industrial v Kuppusami and Others (D130/2012)

Hillside Aluminium Ltd Industrial v Kuppusami and Others (D130/2012) [2014] ZALCD 62 (17 November 2014)

Court

Labour Court Durban

Case number

D130/2012

Judge

Lagrange

The court held that the arbitrator's award reinstating Kuppusami was not unreasonable, even though the arbitrator's reasoning was limited and omitted explicit findings on certain subsidiary issues. The evidence did not establish that Kuppusami's business dealings with Strang Rennies and TD Industrial constituted a conflict of interest requiring disclosure under the company's policy, especially given the employer's previous acceptance of similar relationships. The charges against Kuppusami were vague, and the employer's disciplinary action was inconsistent compared to other employees. The cour…

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• Unfair Dismissal
• Conflict Of Interest
• Review Of Arbitration Award
• Substantive Fairness
• Consistency Of Discipline

Mogale v A & D Spitz (Pty) Ltd (JA 36/2011)

Mogale v A & D Spitz (Pty) Ltd (JA 36/2011) [2013] ZALAC 21 (22 August 2013)

Court

Labour Appeal Court

Case number

JA 36/2011

Judges

Tlaletsi, Musi, Coppin

The Labour Appeal Court held that the arbitrator had considered consistency in discipline and that the dismissal was fair. The appeal was dismissed.

• Consistency Of Discipline
• Parity Principle
• Unfair Dismissal
• Arbitration Award Review
• Labour-law
• Consistency-of-discipline

Mphigalale v Safety & Security Sectoral Bargaining Council and Others (JR 2028/09)

Mphigalale v Safety & Security Sectoral Bargaining Council and Others (JR 2028/09) [2011] ZALCJHB 110; (2012) 33 ILJ 1464 (LC) (7 December 2011)

Court

Labour Court Johannesburg

Case number

JR 2028/09

Judge

K M Savage

Labour Court review of a dismissal for corruption by a police inspector was dismissed. The court upheld the commissioner’s finding that dismissal was fair and consistent with the seriousness of the misconduct.

• Unfair Dismissal
• Consistency Of Discipline
• Corruption By Employee
• Trust Relationship
• Review Of Arbitration Award
• Unfair-dismissal