South Africa Case Law

Sibanye Rustenburg Platinum Mines v Commission for Conciliation Mediation and Arbitration and Others (JR 2227/21)

Sibanye Rustenburg Platinum Mines v Commission for Conciliation Mediation and Arbitration and Others (JR 2227/21) [2025] ZALCJHB 207 (30 May 2025)

Court

Labour Court Johannesburg

Case number

JR 2227/21

Judge

Asmall

The court found that the respondents were absent from work for sixteen months without permission due to incarceration, which constituted misconduct under the employer's desertion policy. The arbitrator misdirected the enquiry by focusing on the respondents' intention to return and humanitarian grounds, rather than the absence without permission. The employer's desertion policy was reasonable, known to the respondents, and correctly applied. The arbitrator's award of retrospective reinstatement was unreasonable, as the respondents could not render services during their absence. The decision wa…

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• Unfair Dismissal
• Desertion
• Absence Without Permission
• Arbitration Review
• Substantive Fairness

DDP Vervoer v Commission for Conciliation, Mediation and Arbitration and Others (JR1877/2022)

DDP Vervoer v Commission for Conciliation, Mediation and Arbitration and Others (JR1877/2022) [2024] ZALCJHB 438 (13 November 2024)

Court

Labour Court Johannesburg

Case number

JR1877/2022

Judge

RN Daniels

The Labour Court dismissed a review of a CCMA award, upholding findings that the employees were dismissed and that their dismissals were unfair.

• Unfair Dismissal
• Jurisdiction Of Ccma
• Employment Contracts
• Procedural Fairness
• Unfair-dismissal
• Ccma-jurisdiction

Praga Technical (Pty) Ltd v AMCU obo Majata and Others (JR2133/2021)

Praga Technical (Pty) Ltd v AMCU obo Majata and Others (JR2133/2021) [2024] ZALCJHB 228 (12 June 2024)

Court

Labour Court Johannesburg

Case number

JR2133/2021

Judge

H Schensema

The Labour Court found that the applicant failed to comply with the Practice Manual requirements for prosecuting a review application, having taken no steps after filing its notice in terms of Rule 7A(8)(b) and failing to set the matter down or file a notice of withdrawal. The application was archived and deemed lapsed, and the applicant conceded that it considered the award a nullity but did not formally withdraw the review. The Court held that it lacked jurisdiction to entertain the review application, as established by binding authority. Even if jurisdiction existed, the review was without…

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• Review Application Practice Manual
• Unfair Dismissal
• Desertion
• Jurisdiction Of Labour Court
• Costs Award

Nchaupa v Tshayana NO and Others (JR1269/2014)

Nchaupa v Tshayana NO and Others (JR1269/2014) [2018] ZALCJHB 250 (12 July 2018)

Court

Labour Court Johannesburg

Case number

JR1269/2014

Judge

E Tlhotlhalemaje

The court found that the Commissioner’s conclusions regarding substantive fairness of the dismissal were reasonable and supported by the evidence: the applicant failed to report for duty without justification, and the employer made reasonable efforts to contact him. However, the disciplinary hearing was not properly constituted, with evidence suggesting it was convened hastily and the outcome predetermined. The applicant was not afforded a fair opportunity to prepare or secure representation, rendering the dismissal procedurally unfair. The Commissioner’s finding on procedural fairness was un…

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• Unfair Dismissal
• Procedural Fairness
• Desertion
• Disciplinary Hearing
• Compensation
• Review Of Arbitration Award

IDWU obo Linda and Others v Super Group and Others (JA19/2015)

IDWU obo Linda and Others v Super Group and Others (JA19/2015) [2017] ZALAC 17; (2017) 38 ILJ 1292 (LAC); [2017] 10 BLLR 969 (LAC) (28 February 2017)

Court

Labour Appeal Court

Case number

JA19/2015

Judges

Tlaletsi, Davis, Sutherland

Labour Appeal Court held the record was adequate, found the employees deserted, but held dismissal unfair and awarded compensation.

• Unfair Dismissal
• Desertion
• Sanction Of Dismissal
• Compensation
• Reconstruction Of Record
• Unfair-dismissal

Classic Number Trading 80 (Pty) Ltd t/a Nashua Tshwane v Shaik-Ahmed and Others (JR838/13)

Classic Number Trading 80 (Pty) Ltd t/a Nashua Tshwane v Shaik-Ahmed and Others (JR838/13) [2015] ZALCJHB 71 (5 March 2015)

Court

Labour Court Johannesburg

Case number

JR838/13

Judge

Molahlehi

The Labour Court found that the Commissioner was correct in finding the dismissal procedurally unfair, as the employee was dismissed in absentia and not afforded an opportunity to be heard upon his return. However, the Commissioner failed to properly consider the totality of the facts and the employer's sick leave policy regarding substantive fairness. The employee was absent for an excessive period without adequate justification and failed to comply with the requirement to report his absence. The evidence provided by the employee did not satisfactorily account for his prolonged absence. The…

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• Unfair Dismissal
• Procedural Fairness
• Substantive Fairness
• Absence Without Authorisation
• Desertion
• Compensation For Unfair Dismissal

City of Johannesburg v South African Local Government Bargaining Council and Others (JR1560/12)

City of Johannesburg v South African Local Government Bargaining Council and Others (JR1560/12) [2014] ZALCJHB 348 (10 September 2014)

Court

Labour Court Johannesburg

Case number

JR1560/12

Judge

R Lagrange

The Labour Court dismissed a review of an arbitration award finding a dismissal unfair where the employer failed to clearly facilitate the employee’s return to work.

• Unfair Dismissal
• Procedural Fairness
• Desertion
• Review Of Arbitration Award
• Unfair-dismissal
• Procedural-fairness

Tubatse Chrome (Pty) Ltd v Metal and Engineering Industries Bargaining Council and Others (JR 2679/10)

Tubatse Chrome (Pty) Ltd v Metal and Engineering Industries Bargaining Council and Others (JR 2679/10) [2013] ZALCJHB 16; (2013) 34 ILJ 2333 (LC) (8 February 2013)

Court

Labour Court Johannesburg

Case number

JR 2679/10

Judge

Marcus AJ

The court found that the Commissioner committed gross irregularity by focusing on whether the employee intended to desert rather than whether she had provided reasonable justification for her extended unauthorised absence. The evidence did not support the employee’s claim that her absence was involuntary or due to circumstances beyond her control. Her absence was the result of a voluntary decision to attend a sangoma initiation without obtaining prior authorisation from her employer. The Commissioner failed to properly consider the material facts and issues, and his conclusion that the dismis…

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• Unfair Dismissal
• Unauthorised Absence
• Desertion
• Review Of Arbitration Award
• Substantive Fairness

SATAWU obo Langa and Others v Zebediela Bricks (Pty)

SATAWU obo Langa and Others v Zebediela Bricks (Pty) [2010] ZALC 106 (15 July 2010)

Court

Labour Court

Case number

JS705/08

Judge

G.N Moshoana

The court found that the majority of individual applicants deserted by failing to report for duty after reinstatement, demonstrating a clear intention not to return to work, which automatically terminated their employment. The listed applicants, however, expressed an intention to return but were intimidated, amounting to absence without permission rather than desertion. Their dismissal was substantively fair due to misconduct but procedurally unfair because they were not afforded a proper hearing. The applicants failed to prove any automatically unfair dismissal or a transfer under Section 19…

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• Unfair Dismissal
• Desertion
• Procedural Fairness
• Section 197 Transfer
• Compensation
• Audi Alteram Partem

Mopani District Municipality v South African Local Government Bargaining Council and Others (JA02/09)

Mopani District Municipality v South African Local Government Bargaining Council and Others (JA02/09) [2010] ZALAC 39 (20 May 2010)

Court

Labour Appeal Court

Case number

JA02/09

Judges

Davis, Tlaletsi, Hendricks

Labour Appeal Court held that Visser’s dismissal for desertion was unfair, but reinstatement was impractical after six years, so compensation was ordered.

• Unfair Dismissal
• Conditional Acceptance Of Transfer
• Placement Policy
• Procedural Fairness
• Remedy For Unfair Dismissal
• Labour-law