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South Africa decisions
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Minister of Police v Safety and Security Sectoral Bargaining Council and Others (PA 13/2023) [2025] ZALAC 14 (4 March 2025)
The Labour Appeal Court upheld an award reinstating a police clerk dismissed after firearms went missing from a station safe, finding the sanction reasonable.
Kijima Construction v NUM and Others (JR2212/22) [2024] ZALCJHB 364 (10 September 2024)
Labour Court review of a CCMA award dismissed after the court held that reinstatement without backpay was a reasonable sanction.
SGB Cape Octorex (PTY) Ltd v Metal and Engineering Industries Bargaining Council and Others (JA 90/2021) [2022] ZALAC 118; (2023) 44 ILJ 179 (LAC); [2023] 2 BLLR 125 (LAC) (18 October 2022)
The Labour Appeal Court upheld dismissal for testing positive for THC, finding the employer’s zero-tolerance drug policy was clear, consistent, and fairly applied.
Burton and Others v MEC for the Department of Health Eastern Cape Province and Others (PA11/16) [2022] ZALAC 101; (2022) 43 ILJ 2284 (LAC); [2022] 10 BLLR 883 (LAC) (5 July 2022)
The court held that the employer did not act inconsistently in imposing dismissal on the appellants, as important factual distinctions existed between their cases and those of other employees who received lesser sanctions. The parity principle, while relevant, does not require identical treatment where circumstances differ, such as plea bargaining or cooperation with investigations. The misconduct committed by the appellants was serious, involved dishonesty, and undermined the credibility of the department, justifying dismissal. The arbitrator's finding of substantive unfairness was unreasona…
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NUMSA obo Malema and Others v Scaw Metals (Pty) Ltd and Others (JR772/17) [2019] ZALCJHB 301 (5 November 2019)
The Labour Court dismissed an application for leave to appeal, finding no reasonable prospect of success and no basis to interfere with the prior award.
Exxaro Coal Mpumalanga (Pty) Ltd Matla Coal v NUM obo Stigling and Others (JR1288/12) [2018] ZALCJHB 260 (15 August 2018)
The Labour Court reviewed and set aside a CCMA award, finding the commissioner ignored material evidence and that the dismissals for safety-rule breaches were substantively fair.
Francke v Siemens (Pty) Limited (JS269/14) [2017] ZALCJHB 388 (26 October 2017)
The Labour Court found Gregor Franke’s dismissal by Siemens substantively unfair, holding that his conduct was negligent but not dishonest, and ordered reinstatement.
PRASA Metrorail v Commission for Conciliation, Mediation and Arbitration and Others (JR1914/16) [2017] ZALCJHB 202 (26 May 2017)
Review of a CCMA arbitration award dismissed after the Labour Court held that inconsistent sanctions did not justify overturning the dismissal on review.
Bridgestone SA (Pty) Ltd v National Union of Metalworkers Union of South Africa and Others (JA28/15) [2016] ZALAC 40; (2016) 37 ILJ 2277 (LAC) (15 June 2016)
The Labour Appeal Court held that the arbitrator correctly applied the review test as set out in Sidumo and subsequent cases. The arbitrator considered all relevant factors, including the seriousness of the breach, the employee's clean record, lack of harm, and the isolated nature of the incident. The commissioner imposed a final written warning and denied back pay, demonstrating an appropriate sanction short of dismissal. The decision fell within the band of reasonable outcomes, and the Labour Court did not err in dismissing the review application. The appeal was dismissed with costs.
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Bridgestone SA (Pty) Ltd v National Union of Metalworkers Union of South Africa and Others (JA28/15) [2016] ZALAC 78 (15 June 2016)
Labour Appeal Court upheld a CCMA award reinstating an employee dismissed for a safety rule breach, finding the sanction fell within a range of reasonable outcomes.
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