South Africa Case Law

Docrat v University of Cape Town (2025/093808)

Docrat v University of Cape Town (2025/093808) [2025] ZALCCT 49 (1 July 2025)

Court

Labour Court Cape Town

Case number

2025/093808

Judge

M T M Phehane

The application fails to meet the requirements for urgency. The applicant was aware of the impending demotion as early as July and August 2024 but delayed seeking relief. He has not demonstrated why he will not obtain substantial redress through the ordinary course of proceedings before the CCMA and Labour Court. The restructuring process is longstanding and affects many employees. The applicant has alternative remedies available and has not justified the truncated timeframes or why his matter should be prioritised. The Labour Court does not have jurisdiction to dictate the composition of the…

Source excerpt

• Unfair Labour Practice
• Protected Disclosure
• Occupational Detriment
• Urgent Interdict
• Internal Grievance
• Demotion

Supercare Services Group (Pty) Ltd v Olota N.O and Others (JR1121/13)

Supercare Services Group (Pty) Ltd v Olota N.O and Others (JR1121/13) [2025] ZALCJHB 19 (15 January 2025)

Court

Labour Court Johannesburg

Case number

JR1121/13

Judge

Daniels

The Labour Court upheld an award finding that Ms Rakodi had been demoted without proper consultation, and that the demotion was an unfair labour practice.

• Unfair Labour Practice
• Demotion
• Consultation Requirements
• Arbitration Review
• Consent And Waiver
• Unfair-labour-practice

Komatsu Mining Corporation Group v Metal and Engineering Industries Bargaining Council and Others (JR2725/21)

Komatsu Mining Corporation Group v Metal and Engineering Industries Bargaining Council and Others (JR2725/21) [2024] ZALCJHB 361 (29 October 2024)

Court

Labour Court Johannesburg

Case number

JR2725/21

Judge

R Itzkin

The court found that while Mr Zwane did share an email containing sensitive managerial concerns with a subordinate, the evidence did not support a finding of duress in his agreement to be demoted. The demotion was agreed to after discussions and was not vitiated by unlawful pressure or threats. The Commissioner’s finding that no confidential information was shared and that the demotion was unfair fell outside the range of reasonable decisions. The arbitration award was therefore unreasonable and must be set aside. Given the full record and comprehensive ventilation of the matter, the court su…

Source excerpt

• Unfair Labour Practice
• Demotion
• Arbitration Review
• Duress
• Consent To Demotion

Phakoago v SANCA Witbank Alochol and Drug Help Centre and Others (JA60/23)

Phakoago v SANCA Witbank Alochol and Drug Help Centre and Others (JA60/23) [2024] ZALAC 44; [2024] 12 BLLR 1271 (LAC) (18 September 2024)

Court

Labour Appeal Court

Case number

JA 60/23

Judges

Molahlehi, Van Niekerk, Nkutha-Nkuntwana

The Labour Appeal Court upheld an appeal against remittal to the CCMA, holding that an unchallenged new employment contract made rehearing futile.

• Unfair Labour Practice
• Demotion
• Arbitration Review
• Employment Contract
• Remittal Of Dispute
• Unfair-labour-practice

Mtambo v Minister of Police and Others (J693/2024)

Mtambo v Minister of Police and Others (J693/2024) [2024] ZALCJHB 266 (5 July 2024)

Court

Labour Court Johannesburg

Case number

J693/2024

Judge

Tlhotlhalemaje

The court found that the applicant's urgency was self-created, as she failed to act promptly after becoming aware of the re-advertisement of the post in March 2024. The applicant's belief that the CCMA proceedings would be concluded before the shortlisting process was unreasonable, and she could have approached the court earlier. The court held that substantial redress was available to the applicant through the CCMA process, including reinstatement if her demotion was found to be unfair. The mere filling of the post did not constitute irreparable harm or justify urgent intervention. According…

Source excerpt

• Urgent Interdict
• Unfair Labour Practice
• Demotion
• Ccma Arbitration
• Self Created Urgency

Koma and Others v Member of the Executive Council (MEC): Gauteng Department of Agriculture and Rural Development and Others (JR1544/19)

Koma and Others v Member of the Executive Council (MEC): Gauteng Department of Agriculture and Rural Development and Others (JR1544/19) [2023] ZALCJHB 315; [2024] 2 BLLR 170 (LC) (8 November 2023)

Court

Labour Court Johannesburg

Case number

JR1544/19

Judge

S Snyman

The court held that the applicants failed to establish any right to be promoted to grade level 10, as their positions remained at grade level 8 with unchanged duties, salary, and conditions of employment. The restructuring and job evaluation were implemented at a national level, and the applicants did not meet the requirements for the new supervisory position. No decision to demote or refuse promotion was taken by the Department; the applicants' claim was based solely on a change in job title. The arbitration award was found to be reasonable, as the arbitrator properly considered all evidence…

Source excerpt

• Unfair Labour Practice
• Demotion
• Promotion
• Arbitration Review
• Management Prerogative
• Condonation

Labuschagne v Minister of State Security Agency and Another (44033/19)

Labuschagne v Minister of State Security Agency and Another (44033/19) [2023] ZAGPPHC 622 (17 July 2023)

Court

North Gauteng High Court, Pretoria

Case number

44033/19

Judge

Mtembu

The High Court dismissed a review over promotion, transfer and IPMS ratings at the State Security Agency, finding no entitlement to unit-head promotion or rating uplift.

• Promotion Of Administrative Justice Act
• Fair Labour Practices
• Legitimate Expectation
• Unfair Labour Practice
• Demotion
• Performance Evaluation

Centlec (SOC) Ltd v Masepole and Others (A52/2022)

Centlec (SOC) Ltd v Masepole and Others (A52/2022) [2023] ZAFSHC 73 (16 March 2023)

Court

Free State High Court, Bloemfontein

Case number

A52/2022

Judges

C.J. Musi, P.J. Loubser, M.E. Mahlangu

The High Court held that Centlec could reverse the respondents’ promotions because they were based on a common mistake about the applicable policy.

• Common Mistake
• Employment Contract
• Unilateral Demotion
• Rapid Progression Policy
• Unfair Labour Practice
• Common-mistake

Kenoshi v Commissioner Matshaka and Others (JR 531/2019)

Kenoshi v Commissioner Matshaka and Others (JR 531/2019) [2022] ZALCJHB 233 (17 August 2022)

Court

Labour Court Johannesburg

Case number

JR 531/2019

Judge

Van Niekerk

The Labour Court dismissed a review of an arbitration award, holding that the applicant’s rank and salary were corrected because she lacked the required one-year post-basic qualification.

• Unfair Labour Practice
• Demotion
• Occupational Specific Dispensation
• Administrative Act
• Reviewable Irregularity
• Unfair-labour-practice

Visser v National Commissioner South African Police Service and Others (D18/20)

Visser v National Commissioner South African Police Service and Others (D18/20) [2022] ZALCD 30 (27 July 2022)

Court

Labour Court Durban

Case number

D18/20

Judge

Van Niekerk

Labour Court review upheld after finding an arbitrator ignored inconsistent treatment evidence in an acting-allowance dispute and wrongly rejected a demotion claim.

• Unfair Labour Practice
• Demotion
• Acting Allowance
• Collective Agreement
• Benefits
• Inconsistent Treatment