South Africa Case Law

Sibanye Gold Protection Service Ltd v Commissioner for Conciliation Mediation and Arbitration and Others (JR1914/22)

Sibanye Gold Protection Service Ltd v Commissioner for Conciliation Mediation and Arbitration and Others (JR1914/22) [2025] ZALCJHB 9 (14 January 2025)

Court

Labour Court Johannesburg

Case number

JR1914/22

Judge

Nondwangu

The court found that the commissioner committed a reviewable irregularity by failing to provide reasons why dismissal was inappropriate and by interfering with the employer's sanction in circumstances where a fair reason for dismissal existed. The commissioner relabelled the misconduct from gross neglect to ordinary neglect, which was irrelevant to the question of substantive fairness. The evidence established that Mafuna was derelict in his duties as a security supervisor, a position of trust requiring strict adherence to company procedures, especially regarding the chain of evidence. The em…

Source excerpt

• Unfair Dismissal
• Dereliction Of Duty
• Substantive Fairness
• Progressive Discipline
• Chain Of Evidence

City of Cape Town v Imatu obo Quinton and Others (C82/2023)

City of Cape Town v Imatu obo Quinton and Others (C82/2023) [2024] ZALCCT 51 (6 November 2024)

Court

Labour Court Cape Town

Case number

C82/2023

Judge

Prinsloo

The Labour Court set aside an arbitration award, holding that the dismissal for repeated dereliction and negligence was substantively fair.

• Unfair Dismissal
• Dereliction Of Duty
• Gross Negligence
• Reinstatement
• Condonation
• Mental Health In Employment

Booysendal Platinum Proprietary Limited v Commission for Conciliation, Mediation (JR2326/21)

Booysendal Platinum Proprietary Limited v Commission for Conciliation, Mediation (JR2326/21) [2024] ZALCJHB 259 (11 July 2024)

Court

Labour Court Johannesburg

Case number

JR2326/21

Judge

R.T. Maddern

Labour Court review of an arbitration award about a mine overseer’s dismissal for alleged dishonesty. The award was set aside and the dispute remitted.

• Unfair Dismissal
• Review Of Arbitration Award
• Substantive Fairness
• Dereliction Of Duty
• Sanction Appropriateness
• Unfair-dismissal

NSP Unsgaard (Pty) Ltd v Aziz and Others (C142/2020)

NSP Unsgaard (Pty) Ltd v Aziz and Others (C142/2020) [2023] ZALCCT 7 (30 March 2023)

Court

Labour Court Cape Town

Case number

C142/2020

Judge

Lagrange

The court found that the applicant's grounds of review were either ill-founded or insufficiently material to justify interference with the arbitrator's award. The arbitrator's findings regarding Majid Aziz's lack of knowledge of the removal of company property, his limited area of responsibility, and the absence of culpable conduct were supported by the evidence. The court held that the applicant's criticisms did not reveal fundamental flaws in the arbitrator's reasoning and that the award of compensation to Majid Aziz was justified. The review application was dismissed, and a cost order was…

Source excerpt

• Unfair Dismissal
• Review Of Arbitration Award
• Dereliction Of Duty
• Removal Of Company Property

JAMAFO obo Mokgomogane v Commission for Conciliation, Mediation and Arbitration and Others (JR 1007/ 2018)

JAMAFO obo Mokgomogane v Commission for Conciliation, Mediation and Arbitration and Others (JR 1007/ 2018) [2022] ZALCJHB 248 (29 August 2022)

Court

Labour Court Johannesburg

Case number

JR 1007/ 2018

Judge

Van Niekerk

Labour Court review dismissed: the arbitrator’s finding that the employee’s dismissal for dishonesty and dereliction of duty was reasonable and reviewable no.

• Unfair Dismissal
• Review Of Arbitration Award
• Procedural Fairness
• Dishonesty In Employment
• Dereliction Of Duty
• Labour-law

Mabilu v Commission for Conciliation, Mediation and Arbitration and Others (JR1711/19)

Mabilu v Commission for Conciliation, Mediation and Arbitration and Others (JR1711/19) [2021] ZALCJHB 342 (29 September 2021)

Court

Labour Court Johannesburg

Case number

JR1711/19

Judge

R Davey

Labour Court dismissed a review of an arbitration award, finding the commissioner’s decision on dismissal for misconduct was reasonable and supported by the evidence.

• Unfair Dismissal
• Arbitration Review
• Gross Irregularity
• Substantive Fairness
• Insubordination
• Dereliction Of Duty

Telkom SA SOC Limited v Commission for Conciliation, Mediation and Arbitration and Others (JR2833/18)

Telkom SA SOC Limited v Commission for Conciliation, Mediation and Arbitration and Others (JR2833/18) [2021] ZALCJHB 238 (16 August 2021)

Court

Labour Court Johannesburg

Case number

JR2833/18

Judge

Redding

The Labour Court dismissed Telkom’s review, upholding reinstatement of an employee dismissed for alleged gross dereliction of duty.

• Unfair Dismissal
• Gross Negligence
• Dereliction Of Duty
• Disciplinary Code
• Review Test
• Reinstatement

Member of the Executive Council: Police, Roads & Transport (Free State Government) v General Public Service Sectoral Bargaining Council and Others (JR809/14)

Member of the Executive Council: Police, Roads & Transport (Free State Government) v General Public Service Sectoral Bargaining Council and Others (JR809/14) [2017] ZALCJHB 27 (30 January 2017)

Court

Labour Court Johannesburg

Case number

JR809/14

Judge

S Baloyi

Labour Court review of an arbitration award: the award was set aside, the employee was found guilty on both misconduct charges, and sanction was remitted.

• Review Of Arbitration Award
• Misconduct
• Dereliction Of Duty
• Public Service Procurement
• Disciplinary Procedure
• Review-of-arbitration-award

Henkel South Africa (Pty) Ltd v National Bargaining Council for the Chemical Industry and Others (JR648/15)

Henkel South Africa (Pty) Ltd v National Bargaining Council for the Chemical Industry and Others (JR648/15) [2016] ZALCJHB 447 (2 December 2016)

Court

Labour Court Johannesburg

Case number

JR 648/15

Judge

Lagrange

Review of a dismissal award: the court substituted guilt on dereliction of duty, but found the dismissal substantively unfair because of unequal treatment.

• Unfair Dismissal
• Review Of Arbitration Award
• Disparity Of Treatment
• Compensation
• Dereliction Of Duty
• Unfair-dismissal

Beer NO v Fozsa Logistics CC (23039/2013)

Beer NO v Fozsa Logistics CC (23039/2013) [2013] ZAGPPHC 195 (12 July 2013)

Court

North Gauteng High Court, Pretoria

Case number

23039/2013

Judge

Makume

The court terminated Fozsa Logistics CC’s business rescue and placed it in liquidation after finding no reasonable prospect of rescue remained.

• Business Rescue
• Company Liquidation
• Locus Standi
• Creditors Meeting
• Dereliction Of Duty
• Business-rescue