South Africa Case Law

Mathebe v Cullinan Diamond Mine (Pty) Ltd (JS382/2023)

Mathebe v Cullinan Diamond Mine (Pty) Ltd (JS382/2023) [2025] ZALCJHB 330 (1 August 2025)

Court

Labour Court Johannesburg

Case number

JS382/2023

Judge

Anestidis

The Labour Court does not have jurisdiction to entertain the applicant's claims for general damages and loss of earnings, as such relief is not contemplated by the Labour Relations Act or the Basic Conditions of Employment Act. The applicant failed to refer any unfair labour practice to the CCMA or a bargaining council, and did not plead any contractual breach or valid claim under the Mine Health and Safety Act. Furthermore, the applicant's claims have prescribed under the Prescription Act, as the cause of action arose no later than 28 February 2018 and the claim was only instituted in July 2…

Source excerpt

• Jurisdiction Of Labour Court
• Prescription Act
• Unfair Labour Practice
• Mine Health And Safety Act
• Contract Of Employment
• General Damages

Hutchinson v Global Business Administrators (Pty) Ltd and Another (2025/112376)

Hutchinson v Global Business Administrators (Pty) Ltd and Another (2025/112376) [2025] ZALCJHB 321 (24 July 2025)

Court

Labour Court Johannesburg

Case number

2025/112376

Judge

M Makhura

The applicant failed to prove that he was an employee of the first respondent after December 2023. He did not plead or substantiate the existence or terms of any employment contract, nor did he provide evidence of salary payments or employment after December 2023. The respondents' evidence, including invoices from Trinity Equity Holdings (Pty) Ltd for services rendered, established that the relationship was one of service provision, not employment. The applicant's reliance on an old payslip and his denial of the invoices were insufficient to establish an employment relationship. As a result,…

Source excerpt

• Jurisdiction Of Labour Court
• Contract Of Employment
• Repudiation Of Contract
• Urgent Application Abuse

Solidarity obo Van Schalkwyk v University of South Africa (JS668/24)

Solidarity obo Van Schalkwyk v University of South Africa (JS668/24) [2025] ZALCJHB 239 (19 June 2025)

Court

Labour Court Johannesburg

Case number

JS668/24

Judge

A Anestidis

The Labour Court dismissed UNISA’s exception to a claim for unpaid incentive payments, finding the plaintiffs had adequately pleaded a contractual cause of action.

• Contract Of Employment
• Exception Procedure
• Section 77 3 Bcea
• Employment Policy Incorporation
• Vague And Embarrassing Pleading
• Labour-law

Victor v Department of Basic Education (J448/2024)

Victor v Department of Basic Education (J448/2024) [2025] ZALCJHB 182 (15 May 2025)

Court

Labour Court Johannesburg

Case number

J448/2024

Judge

GC Phakedi

The Labour Court dismissed an unopposed salary-adjustment claim where the applicant relied on correspondence, not a contractual term, to found jurisdiction.

• Contract Of Employment
• Jurisdiction Of Labour Court
• Declaratory Relief
• Promotion Disputes
• Labour-court-jurisdiction
• Employment-contract

Lowveld Packaging (Proprietary) Ltd v Heine and Others (2025/022233)

Lowveld Packaging (Proprietary) Ltd v Heine and Others (2025/022233) [2025] ZALCJHB 190 (5 May 2025)

Court

Labour Court Johannesburg

Case number

2025/022233

Judge

Mafa-Chali

The Court found that the Applicant established a clear right to protect its proprietary interests, including customer connections and confidential information, through the restraint of trade clause. The First Respondent failed to prove that the restraint period of two years was unreasonable or contrary to public policy. The urgency of the application was justified by the ongoing harm and the Applicant's prompt action upon discovering the breaches. Procedural objections regarding non-compliance with Labour Court Rules and the commissioning of the affidavit were dismissed as lacking factual bas…

Source excerpt

• Restraint Of Trade
• Confidential Information
• Urgent Interdict
• Fiduciary Duty
• Contract Of Employment

Canize Trading (Pty) Ltd and Another v Theron and Others (2025/021910)

Canize Trading (Pty) Ltd and Another v Theron and Others (2025/021910) [2025] ZALCJHB 183 (22 April 2025)

Court

Labour Court Johannesburg

Case number

2025/021910

Judge

M Makhura

The Labour Court dismissed an application to enforce restraint of trade and confidentiality restraints, finding no jurisdiction for the second applicant and no protectable interest for the first.

• Restraint Of Trade
• Jurisdiction Of Labour Court
• Contract Of Employment
• Confidentiality Undertakings
• Restraint-of-trade
• Labour-court-jurisdiction

Jansen Van Vuuren v Heaven Sent Gold SA (Pty) Ltd and Another (JA 75/23; JA 76/23)

Jansen Van Vuuren v Heaven Sent Gold SA (Pty) Ltd and Another (JA 75/23; JA 76/23) [2025] ZALAC 21; [2025] 6 BLLR 569 (LAC) (17 March 2025)

Court

Labour Appeal Court

Case number

JA75/2023; JA76/2023

Judges

Savage, Sutherland, Davis

The Labour Appeal Court held that only claims directly concerned with the employment contract, such as unpaid remuneration and accrued leave, fall within the Labour Court's jurisdiction under section 77(3) of the BCEA. Claims for independent contractor fees and medical aid contributions, which arose after termination of employment and were not linked to the employment contract, are not justiciable by the Labour Court. The settlement agreements contained both employment-related and non-employment-related claims, and each must be assessed separately for jurisdiction. The Labour Court correctly…

Source excerpt

• Jurisdiction Of Labour Court
• Contract Of Employment
• Settlement Agreement
• Independent Contractor
• Quantum Of Claim
• Section 77 3 Bcea

OR Tambo District Municipality and Another v Mbewu (Leave to Appeal) (3208/2024)

OR Tambo District Municipality and Another v Mbewu (Leave to Appeal) (3208/2024) [2025] ZAECMHC 16 (13 March 2025)

Court

Eastern Cape High Court, Mthatha

Case number

3208/2024

Judge

A.S. Zono

The High Court granted leave to appeal, finding arguable prospects concerning the alleged nullity of an arbitration award, employment terms, salary, and costs.

• Enforcement Of Arbitration Award
• Jurisdiction Of Labour Court
• Contract Of Employment
• Leave To Appeal
• Costs Order
• Leave-to-appeal

Couto v Commission for Conciliation, Mediation and Arbitration and Others (JR2442/23)

Couto v Commission for Conciliation, Mediation and Arbitration and Others (JR2442/23) [2025] ZALCJHB 24 (9 January 2025)

Court

Labour Court Johannesburg

Case number

JR2442/23

Judge

B Ramji

The Labour Court found that the postponement application by the third respondent was dismissed due to lack of diligence and failure to properly apply for postponement. The arbitration award was reviewed and set aside because the Commissioner applied the incorrect legal test for employment status, ignored relevant evidence, and relied on irrelevant factors such as the absence of a signed contract and the issuance of invoices. The Court determined that the substance of the relationship between Mr Couto and the company was that of employment, based on the written contract, company policies, leav…

Source excerpt

• Employment Relationship
• Jurisdiction Of Ccma
• Unfair Dismissal
• Contract Of Employment
• Review Of Arbitration Award

Mbambi v Tyeks Security Services (CA26/2024)

Mbambi v Tyeks Security Services (CA26/2024) [2024] ZAECMHC 84 (5 November 2024)

Court

Eastern Cape High Court, Mthatha

Case number

CA26/2024

Judges

RWN Brooks, B Majiki, MS Jolwana

The court held that the High Court retains jurisdiction to adjudicate claims arising from the enforcement of contractual rights in the employment context, unless the claim is one for which the LRA creates specific statutory remedies that are exclusively within the Labour Court's jurisdiction. The appellant's claim was based on breach of contract and sought damages for alleged repudiation, not for unfair dismissal or other statutory relief under the LRA. The pleadings did not assert a cause of action that fell within the exclusive jurisdiction of the Labour Court. The court a quo erred by conf…

Source excerpt

• Jurisdiction Of High Court
• Exclusive Jurisdiction Of Labour Court
• Contract Of Employment
• Repudiation And Damages
• Concurrent Jurisdiction
• Special Plea