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South Africa decisions
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Garachv v African Bank Holdings Limited (2025/114171) [2025] ZALCD 30 (4 August 2025)
The Labour Court held that the employee’s dismissal was unlawful and ordered reinstatement pending a proper disciplinary hearing under the employer’s code.
Maroleng v South African Broadcasting Corporation SOC Limited (J 1520/2019) [2022] ZALCJHB 319 (18 November 2022)
Although the applicant's contract incorporated the disciplinary code and thus a contractual right to an appeal hearing, the remedy of specific performance is discretionary. The court found that the significant delay between dismissal and the application, the impossibility of convening an appeal before a higher authority (since the board was the highest decision-maker), and the applicant's conduct in referring the matter to the CCMA and subsequently withdrawing it, all weighed against granting specific performance. The applicant's subsequent litigation conduct, including late amendments and ir…
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Rabie v Department of Trade and Industry and Another (J515/18) [2018] ZALCJHB 78 (5 March 2018)
The court found that the Department of Trade and Industry, having entered into a section 188A agreement for pre-dismissal arbitration, was contractually bound to that process and could not unilaterally institute parallel in-house disciplinary proceedings against the applicant. The charges in both proceedings arose from the same factual matrix, and the employer's attempt to circumvent the arbitration by launching a new enquiry was impermissible. The doctrine of election and the applicant's contractual rights under the section 188A agreement precluded the employer from abandoning the arbitratio…
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Mathabathe v Nelson Mandela Bay Metropolitan Municipality and Another (J1197/16) [2016] ZALCJHB 414; [2016] 12 BLLR 1228 (LC); (2017) 38 ILJ 391 (LC) (23 September 2016)
The court held that the applicant was afforded a fair hearing in accordance with the code of good practice under the LRA, as she was given an opportunity to state her case with legal representation, and the procedure adopted was judicially sanctioned. The applicant did not object to the process at the relevant time, and her subsequent allegations of bias were raised only after an adverse finding. The court found no breach of the employment contract or procedural unfairness. The Labour Court has jurisdiction under s 77(3) BCEA to enforce contractual rights, but in this instance, the procedure…
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Mhlongo v South African Revenue Service (J1915/09) [2015] ZALCJHB 313 (11 September 2015)
The court found that the respondent's disciplinary code and procedures, as contained in a collective agreement, were not incorporated into the applicant's contract of employment, either expressly or tacitly. The applicant failed to plead or prove any contractual basis for her alleged right to a hearing prior to suspension or dismissal. The real dispute related to the fairness of her suspension and dismissal, which is a statutory right under the Labour Relations Act and not a contractual right. As such, the Labour Court lacked jurisdiction to adjudicate the matter as pleaded, and the proper re…
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South African Maritime Safety Authority v McKenzie (017/09) [2010] ZASCA 2; 2010 (3) SA 601 (SCA) ; [2010] 3 All SA 1 (SCA) ; (2010) 31 ILJ 529 (SCA) ; [2010] 5 BLLR 488 (SCA) (15 February 2010)
The Supreme Court of Appeal held that the right not to be unfairly dismissed, as set out in section 185 of the Labour Relations Act, is a statutory right and does not constitute an implied term in contracts of employment for employees covered by the LRA. The statutory scheme provides both the right and the exclusive remedies, including limits on compensation and procedures for enforcement, which must be pursued through the CCMA or Labour Court. The High Court has jurisdiction to hear contractual claims, but in this case, the pleaded claim for damages based on an alleged implied term prohibiti…
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