South Africa Case Law

Bombela Operating Company (Pty) LtdTD v Commission for Conciliation, Mediation and Arbitration and Others (JR 589/2021)

Bombela Operating Company (Pty) LtdTD v Commission for Conciliation, Mediation and Arbitration and Others (JR 589/2021) [2025] ZALCJHB 297 (11 July 2025)

Court

Labour Court Johannesburg

Case number

JR 589/2021

Judge

R Lagrange

The Labour Court reinstated Bombela’s review and set aside an unfair-suspension award, holding the precautionary suspension was fair under Long v SAB.

• Unfair Labour Practice
• Precautionary Suspension
• Procedural Fairness
• Substantive Fairness
• Disciplinary Code
• Collective Agreement

Makau v Commission for Conciliation, Mediation and Arbitration and Others (JR1503/22)

Makau v Commission for Conciliation, Mediation and Arbitration and Others (JR1503/22) [2025] ZALCJHB 235 (17 June 2025)

Court

Labour Court Johannesburg

Case number

JR1503/22

Judge

M Makhura

The Labour Court set aside a CCMA award, found Makau’s dismissal substantively unfair, and ordered retrospective reinstatement with backpay.

• Unfair Dismissal
• Arbitration Review
• Disciplinary Code
• Procedural Fairness
• Substantive Fairness
• Onus Of Proof

SAMWU obo Pelle v South African Local Government Bargaining Council and Others (JR267/2021)

SAMWU obo Pelle v South African Local Government Bargaining Council and Others (JR267/2021) [2025] ZALCJHB 213 (4 June 2025)

Court

Labour Court Johannesburg

Case number

JR267/2021

Judge

MB Mahalelo

The Labour Court reviewed and set aside a bargaining council award upholding dismissal for alleged alcohol-related misconduct and remitted the matter for a fresh arbitration.

• Unfair Dismissal
• Arbitration Review
• Procedural Fairness
• Substantive Fairness
• Condonation
• Disciplinary Code

Sasol South Africa (Pty) Ltd Sasol Operations v National Bargaining Council for Chemical Industry and Others (JR133/21)

Sasol South Africa (Pty) Ltd Sasol Operations v National Bargaining Council for Chemical Industry and Others (JR133/21) [2025] ZALCJHB 201 (30 May 2025)

Court

Labour Court Johannesburg

Case number

JR133/21

Judge

M B Mahalelo

The court held that the commissioner properly considered all relevant evidence, including the seriousness of the misconduct, the employer's disciplinary code, and the mitigating factors present in Conroy's case. The commissioner did not commit any material error or irregularity, and her conclusion that dismissal was substantively unfair was reasonable. The employer failed to demonstrate an irreparable breakdown of the trust relationship, as Conroy continued working without incident for almost a year after the assault. The commissioner correctly weighed the totality of circumstances, including…

Source excerpt

• Unfair Dismissal
• Review Of Arbitration Award
• Disciplinary Code
• Mitigating Factors
• Breakdown Of Trust Relationship

South African Commercial Catering and Allied Workers Union obo Manzini v Commission for Conciliation, Mediation and Arbitration and Others (JR1505/23)

South African Commercial Catering and Allied Workers Union obo Manzini v Commission for Conciliation, Mediation and Arbitration and Others (JR1505/23) [2025] ZALCJHB 288 (9 May 2025)

Court

Labour Court Johannesburg

Case number

JR 1505/23

Judge

M T M Phehane

The Labour Court held that the review application on substantive fairness must fail, as the second respondent's decision to uphold the dismissal was reasonable in light of the evidence, including video footage showing Ms Manzini's violent conduct. The principle of double jeopardy was not triggered, as no second disciplinary hearing occurred; rather, management reviewed the sanction under an empowering provision in the disciplinary code. The doctrine of subsidiarity precluded reliance on constitutional unlawfulness, requiring the applicant to pursue remedies under the Labour Relations Act. How…

Source excerpt

• Unfair Dismissal
• Procedural Fairness
• Double Jeopardy
• Disciplinary Code
• Subsidiarity
• Compensation For Unfair Dismissal

Sibanye Gold Limited t/a Sibanye Still Water v Commission for Conciliation, Mediation and Arbitration and Others (JR 1898/2020)

Sibanye Gold Limited t/a Sibanye Still Water v Commission for Conciliation, Mediation and Arbitration and Others (JR 1898/2020) [2025] ZALCCT 22; (2025) 46 ILJ 1416 (LC) (10 April 2025)

Court

Labour Court Cape Town

Case number

JR 1898/2020

Judge

Lagrange

The Labour Court reinstated and dismissed a review of an arbitration award that reinstated an employee for inappropriate pressure during a violent strike but not intimidation.

• Unfair Dismissal
• Intimidation
• Disciplinary Code
• Review Of Arbitration Award
• Strike Action
• Final Written Warning

NUMSA obo Maphoto v Ntsoane N.O and Others (JR2415/18)

NUMSA obo Maphoto v Ntsoane N.O and Others (JR2415/18) [2025] ZALCJHB 43 (10 February 2025)

Court

Labour Court Johannesburg

Case number

JR2415/18

Judge

N.I. Zwane

The Labour Court refused condonation for a late review of an unfair dismissal award and dismissed the review, finding no reasonable prospects of success.

• Unfair Dismissal
• Condonation
• Disciplinary Code
• Review Of Arbitration Award
• Labour-law
• Review-of-arbitration-award

Mostert v Overberg Agri-Bedrywe (Pty) Ltd (C113/2022)

Mostert v Overberg Agri-Bedrywe (Pty) Ltd (C113/2022) [2025] ZALCCT 4 (20 January 2025)

Court

Labour Court Cape Town

Case number

C113/2022

Judge

Lagrange

The Labour Court dismissed a review of an arbitration award confirming dismissal for repeated cellphone use while operating machinery and ignoring safety rules.

• Unfair Dismissal
• Misconduct
• Safety Compliance
• Disciplinary Code
• Arbitration Review
• Unfair-dismissal

Govender v Mondi South Africa (Pty) Ltd and Others (D144/2021)

Govender v Mondi South Africa (Pty) Ltd and Others (D144/2021) [2024] ZALCD 43 (6 November 2024)

Court

Labour Court Durban

Case number

D144/2021

Judge

S Hadebe

Labour Court review of an arbitration award upheld a dismissal for insubordination, granted condonation for a late record, and dismissed the review.

• Unfair Dismissal
• Review Of Arbitration Award
• Procedural Fairness
• Substantive Fairness
• Condonation
• Disciplinary Code

Vilakazi v Mpumalanga Tourism and Parks Agency and Others (2024/115406)

Vilakazi v Mpumalanga Tourism and Parks Agency and Others (2024/115406) [2024] ZALCJHB 437 (22 October 2024)

Court

Labour Court Johannesburg

Case number

2024/115406

Judge

R Itzkin

Urgent application challenging a CEO’s suspension beyond 60 days was dismissed. The Labour Court held the suspension was lawful and the disciplinary code was not contractual.

• Precautionary Suspension
• Disciplinary Code
• Unlawful Suspension
• Urgent Relief
• Contractual Nature Of Policies
• Precautionary-suspension