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Tharisa Minerals (Pty) Ltd v National Union of Mineworkers and Others (2025/051769) [2025] ZALCJHB 344 (4 August 2025)
The Labour Court discharged an interim interdict against an alleged unprotected strike because the strike had ceased and some workers had been dismissed.
Samson v Commission for Conciliation, Mediation and Arbitration and Others (JR2023/22) [2025] ZALCJHB 13 (14 January 2025)
The court found that the commissioner failed to apply his mind to the material evidence and issues, treating disputed facts as common cause and failing to resolve critical disputes. The applicant was denied a fair hearing, and the outcome of the arbitration award was unreasonable. The evidence showed that the applicant faced extreme workloads and a significantly reduced team, and there was no basis to conclude that she was negligent or careless. The final written warning constituted an unfair labour practice and was set aside. The court determined that it was in the interests of justice to re…
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Mukhari v Education Labour Relations Council and Others (JR2432/21) [2024] ZALCJHB 312 (2 August 2024)
Labour Court review of an ELRC award concerning an educator’s suspension for disrespect and refusal to follow school instructions. Review dismissed.
Mukhari v Education Labour Relations Council and Others (JR2432/21) [2024] ZALCJHB 291 (2 August 2024)
Review of an ELRC award dismissed: the Labour Court held the applicant's conduct amounted to disrespect under the Educators Act, and the sanction stood.
Mlaba v Honourable Dr Aaron Motsoaledi Minister Department of Home Affairs and Another (J 1395 / 2023) [2023] ZALCJHB 277; (2024) 45 ILJ 139 (LC) (12 October 2023)
The Labour Court found that it had no jurisdiction to entertain the applicant's claim relating to diplomatic accreditation, as this was not an employment issue under the LRA or any employment law. The applicant's reliance on the Constitution was impermissible due to the principle of subsidiarity, as the LRA provides the legislative framework for fair labour practices. The applicant's claim of unfair labour practice was not properly before the Court, as he had failed to refer the dispute to the CCMA or bargaining council for conciliation and arbitration, as required by section 191(1) of the LR…
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Contracta Force Corporate Solutions (Pty) Ltd v National Union of Public Service and Allied Workers and Others (P 87/22) [2022] ZALCPE 42; (2023) 44 ILJ 558 (LC) (6 December 2022)
The court found that the second and further respondents had been dismissed and the strike action had ceased. As the rule nisi interdicted conduct by the respondents in their capacity as employees, confirmation of the rule would not serve any purpose. The applicant does not require a court order declaring the strike unprotected to take disciplinary action or seek compensation for losses. There was no legal basis for granting the declaratory order, as it would unfairly advantage the applicant and prejudice the respondents. The need for the interdict had fallen away, and the rule nisi was discha…
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CWU obo Lekota v Telkom SA SOC Ltd (JS214/21) [2021] ZALCJHB 413 (25 October 2021)
The Labour Court dismissed condonation for a late referral, finding the delay inordinate and the explanation unreasonable, with limited prospects of success.
Maditse v CCMA and Others (JR 2725/2019) [2021] ZALCJHB 69 (28 May 2021)
The Labour Court refused condonation for a late review of an arbitration award and dismissed the review, finding no viable basis to upset the dismissal ruling.
Jabari and Others v Telkom Limited and Others (81163/17) [2021] ZAGPPHC 52 (29 January 2021)
The High Court dismissed a PAJA review over an old Telkom appointment and later outsourcing decisions because the applicants delayed unreasonably and sought no condonation.
National Education Health and Allied Workers Union (NEHAWU) obo Members Providing Essential Services v Minister of Health and Others (J423/20) [2020] ZALCJHB 66; 2020 (6) BCLR 767 (LC); (2020) 41 ILJ 1724 (LC); [2020] 8 BLLR 788 (LC) (11 April 2020)
The Labour Court dismissed NEHAWU’s urgent Covid-19 PPE application, finding the union had not proved a PPE shortage, lack of engagement, or a basis for broader relief.
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