South Africa Case Law

Association of Mineworkers and Construction Workers Union obo Matebele and Others v Commission for Conciliation, Mediation and Arbitration and Others (JR1895/21)

Association of Mineworkers and Construction Workers Union obo Matebele and Others v Commission for Conciliation, Mediation and Arbitration and Others (JR1895/21) [2025] ZALCJHB 163 (16 May 2025)

Court

Labour Court Johannesburg

Case number

JR1895/21

Judge

Botes

Labour Court held the CCMA had jurisdiction over misconduct dismissals arising during an unprotected strike, but reviewed and set aside the award for inadequate reasoning.

• Unfair Dismissal
• Ccma Jurisdiction
• Derivative Misconduct
• Consistency In Discipline
• Review Of Arbitration Award
• Unfair-dismissal

National Union of Food Beverage Spirits Wine and Allied Workers and Another v Mbatsana N.O and Others (JR912/20)

National Union of Food Beverage Spirits Wine and Allied Workers and Another v Mbatsana N.O and Others (JR912/20) [2025] ZALCJHB 72 (27 February 2025)

Court

Labour Court Johannesburg

Case number

JR912/20

Judge

D Venter

The court held that leave to appeal should not be granted as the third respondent failed to demonstrate reasonable prospects of success. The principles established by the Constitutional Court require that individual employees must be identified at the disciplinary hearing for a dismissal to be fair in cases of collective misconduct. The respondent's argument that identification can occur only at arbitration is contrary to settled law. The process followed by the employer was materially defective, lacking both procedural and substantive fairness. The court found no compelling reason or likelih…

Source excerpt

• Unfair Dismissal
• Collective Misconduct
• Common Purpose
• Procedural Fairness
• Audi Alteram Partem
• Derivative Misconduct

NUMSA obo Ramothibe and Others v Commission for Conciliation, Mediation and Arbitration and Others (JR1655/22)

NUMSA obo Ramothibe and Others v Commission for Conciliation, Mediation and Arbitration and Others (JR1655/22) [2025] ZALCJHB 60 (17 February 2025)

Court

Labour Court Johannesburg

Case number

JR1655/22

Judge

L. De Haan

The Labour Court dismissed NUMSA’s application for leave to appeal, finding no reasonable prospects of success on the collective-liability and fairness issues.

• Leave To Appeal
• Collective Liability
• Procedural Fairness
• Substantive Fairness
• Team Liability
• Derivative Misconduct

Blue Falcon 188 Trading (Pty) Ltd ta Side Step v Commission for Conciliation Mediation and Arbitration and Others (D62/23)

Blue Falcon 188 Trading (Pty) Ltd ta Side Step v Commission for Conciliation Mediation and Arbitration and Others (D62/23) [2024] ZALCD 39 (16 October 2024)

Court

Labour Court Durban

Case number

D62/23

Judge

Pillay

Review of a CCMA award about stock-loss dismissals succeeded; the Labour Court found the commissioner misconceived the inquiry and reinstated the fairness finding.

• Unfair Dismissal
• Gross Negligence
• Derivative Misconduct
• Review Of Arbitration Award
• Procedural Fairness
• Substantive Fairness

AJ Charnaud and Company v SACTWU obo Members and Others (DA 9/23)

AJ Charnaud and Company v SACTWU obo Members and Others (DA 9/23) [2024] ZALAC 33; [2024] 10 BLLR 1016 (LAC); (2024) 45 ILJ 2257 (LAC) (17 July 2024)

Court

Labour Appeal Court

Case number

DA 9/2023

Judges

Van Niekerk, Nkutha-Nkontwana, Govindjee

The Labour Court erred in reviewing and setting aside the arbitration award without identifying any reviewable irregularity or finding that the award was unreasonable. The arbitrator's factual findings regarding the identification of employees who participated in the misconduct were supported by direct evidence, and the union failed to adduce contrary evidence. The reference to derivative misconduct was a misnomer, as the evidence established direct participation in serious misconduct. The sanction of dismissal was appropriate given the gravity of the conduct. The Labour Court's reliance on t…

Source excerpt

• Unfair Dismissal
• Collective Misconduct
• Derivative Misconduct
• Common Purpose
• Review Of Arbitration Award

Hollywood Sportsbrook Gauteng v Commission for Conciliation Mediation and Arbitration and Others (JR2519/21)

Hollywood Sportsbrook Gauteng v Commission for Conciliation Mediation and Arbitration and Others (JR2519/21) [2024] ZALCJHB 146 (7 April 2024)

Court

Labour Court Johannesburg

Case number

JR2519/21

Judge

MI Savant

Labour Court review of a CCMA award involving credit bets held that the employee was an accomplice in dishonest workplace misconduct and dismissal was fair.

• Unfair Dismissal
• Derivative Misconduct
• Dishonesty In Employment
• Accomplice Liability
• Review Of Arbitration Award
• Unfair-dismissal

African Meat Industry and Allied Trade Union (AMITU) and Others v Shave and Gibson Packaging (Pty) Ltd (D 1050/2019)

African Meat Industry and Allied Trade Union (AMITU) and Others v Shave and Gibson Packaging (Pty) Ltd (D 1050/2019) [2023] ZALCD 17; [2024] 1 BLLR 54 (LC) ; (2024) 45 ILJ 79 (LC) (17 October 2023)

Court

Labour Court Durban

Case number

D 1050/2019

Judge

Whitcher

The court found that all applicants participated in the strike, which was protected under the Labour Relations Act. The respondent had no legal basis to declare the strike unprotected due to its view of unreasonable demands, violence, or duration. While violence and intimidation occurred during the strike, there was no direct evidence linking most applicants to these acts, nor proof of actual knowledge required for derivative misconduct. The respondent failed to provide guarantees for whistleblower safety and did not issue a proper ultimatum before dismissal. Only those applicants directly li…

Source excerpt

• Protected Strike
• Derivative Misconduct
• Unfair Dismissal
• Procedural Fairness
• Collective Bargaining
• Strike Violence

Tarsistep Group (Pty) Ltd v AMCU obo Sonwabile and Others (JR 1950/20)

Tarsistep Group (Pty) Ltd v AMCU obo Sonwabile and Others (JR 1950/20) [2023] ZALCJHB 260; [2024] 1 BLLR 87 (LC) (15 September 2023)

Court

Labour Court Johannesburg

Case number

JR 1950/20

Judge

Mahomed

The Labour Court dismissed a review of a CCMA award, holding that the employer had not proved derivative misconduct or shown the award was unreasonable.

• Derivative Misconduct
• Substantive Fairness
• Review Of Arbitration Award
• Dismissal
• Inconsistency
• Common Purpose

SACCAWU and Others v Makgopela and Others (JA38/2021)

SACCAWU and Others v Makgopela and Others (JA38/2021) [2023] ZALCJHB 66 (14 March 2023)

Court

Labour Court Johannesburg

Case number

JA38/2021

Judges

Phatshoane, Savage, Phatudi

The Labour Appeal Court found that Cashbuild failed to provide sufficient evidence to justify the dismissal of all employees for collective misconduct. Unlike precedents where proximity and the nature of work supported an inference of collective responsibility, the Klerksdorp store was large, employees performed diverse functions, and management did not act on identified systemic deficiencies. The evidence did not establish that all employees were aware of or participated in the stock losses, nor did it warrant a finding of indivisible team liability. The employees did not remain silent but r…

Source excerpt

• Unfair Dismissal
• Collective Misconduct
• Team Liability
• Derivative Misconduct
• Procedural Fairness
• Substantive Fairness

SAMWU obo Makibinyane and Others v SA Local Government Bargaining Council and Others (JR1043/18)

SAMWU obo Makibinyane and Others v SA Local Government Bargaining Council and Others (JR1043/18) [2021] ZALCJHB 15 (8 February 2021)

Court

Labour Court Johannesburg

Case number

JR1043/18

Judge

T Deane

The Labour Court dismissed SAMWU’s application for leave to appeal, finding no reasonable prospects of success and no compelling reason to grant leave.

• Leave To Appeal
• Derivative Misconduct
• Unlawful Instruction
• Self Incrimination
• Condonation
• Disciplinary Procedure