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South Africa decisions
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Drakenstein Local Municipality v Matjan and Others (C70/2024) [2025] ZALCCT 55 (22 July 2025)
Labour Court review of a constructive dismissal award: the employee did not exhaust remedies, and the award was set aside.
Musawenkosi Hlongwa v SM Xulu Incorporated and Another (J3319/18) [2025] ZALCJHB 317 (10 July 2025)
The Labour Court upheld a lis alibi pendens plea, finding that a remuneration claim duplicated an already pending constructive dismissal dispute.
Commission for Conciliation, Mediation and Arbitration and Another v Discovery Connect Distribution Services and Others (J930/24) [2025] ZALCJHB 285 (3 July 2025)
The Court found that the respondents had partially complied with the CCMA disclosure ruling and provided a reasonable and plausible explanation for any missing documents and audio recordings. The respondents demonstrated diligent efforts to locate and supply the requested materials, and the applicant failed to prove beyond reasonable doubt that the respondents' non-compliance was wilful or mala fide. The Court held that the respondents cannot be compelled to produce information not in their possession and that mere dissatisfaction with the format or completeness of disclosure does not establi…
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Sanitech (Pty) Ltd v Commission for Conciliation Mediation and Arbitration and Others (JR1375/20) [2025] ZALCJHB 202 (28 May 2025)
Labour Court review of a constructive dismissal award arising from a Covid-19 salary cut. The court found the resignation premature and set the award aside.
Platinum Medical v Van Rensburg and Others (JR1901/23) [2025] ZALCJHB 2 (20 January 2025)
The Labour Court condoned a late review record, reinstated the review, and set aside an arbitration award finding that the employee had been dismissed.
Vericred Collections (Pty) Ltd v Moloto and Others (JR892/24) [2024] ZALCJHB 497 (12 December 2024)
The court found that the commissioner committed a reviewable irregularity by refusing the rescission application solely on the basis of alleged proper notice via SMS, without affording the applicant an opportunity to respond to the SMS evidence or considering the applicant’s bona fide defence. The applicant provided a plausible explanation for non-receipt of notice and demonstrated an intention to participate in the CCMA proceedings. The commissioner failed to weigh all relevant factors, including prospects of success, as required by law. On the merits, the court held that the employee’s cond…
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Khoele v Minister of Defence (28030/2021) [2024] ZAGPPHC 1268 (2 December 2024)
The court found that it retains jurisdiction to adjudicate constructive dismissal claims involving SANDF members, as the constitutional right to fair labour practices applies even where the Labour Relations Act does not. The applicant provided a sufficient explanation for the delay in serving the statutory notice, including the death of her attorney and her mental health challenges, and demonstrated bona fide intent to prosecute her claim. The respondent did not suffer unreasonable prejudice from the delay. The interests of justice require that condonation be granted, allowing the applicant t…
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Member of Executive Council, Social Development: Free State Province and Another v Van Schalkwyk and Others (D29/2020) [2024] ZALCD 48 (27 November 2024)
The Labour Court dismissed an application to reinstate a lapsed review of a constructive dismissal award, finding no adequate explanation or prospects of success.
Solidarity obo K v Western Cape Education Department and Others (C70/22) [2024] ZALCCT 59 (22 November 2024)
The applicant failed to establish that the harassment suffered was based on discrimination as contemplated by the Employment Equity Act. The evidence showed that the conduct of the subordinate, Engelbrecht, towards K[...] was irrational and unacceptable, but not linked to any listed or analogous ground of discrimination. The applicant did not identify or prove an arbitrary ground that impaired dignity as required by Harksen v Lane. The Department responded to grievances with disciplinary action and ultimately dismissed Engelbrecht, demonstrating reasonable steps to eliminate the conduct. The…
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Department of Health Kwa Zulu-Natal v Public Health and Social Development Sectoral Bargaining Council and Others (D447/24) [2024] ZALCD 44 (29 October 2024)
The court found that the security instrument provided by the applicant did not constitute proper security as contemplated by section 145(7) and (8) of the Labour Relations Act and relevant case law. The instrument was, at best, an acknowledgement of debt and did not protect the third respondent's interests should the review and any appeal fail. The court held that state entities are not automatically excused from providing security and must comply with statutory requirements. However, the court exercised its discretion to grant a short stay of enforcement, conditional upon the applicant provi…
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