Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.
Results update automatically as you type.
South Africa decisions
Decisions matching the current search
Hlungwane v Minister of Justice and Constitutional Development and Others (PR201/22) [2025] ZALCPE 3 (4 February 2025)
The Labour Court dismissed a review of an arbitration award upholding dismissal for gross insubordination after repeated refusals to return to De Aar.
Makhonjwa v Director General of the Department of Justice and Constitutional Development and Others (JR 998/19) [2023] ZALCJHB 90; (2023) 44 ILJ 1530 (LC) (21 April 2023)
The Labour Court dismissed an application to review the reinstatement of an employee, holding that the applicant failed to identify a review ground and was functus officio.
Mabasa v Commission for Conciliation, Mediation and Arbitration and Others (JR2187/19) [2021] ZALCJHB 451 (17 December 2021)
The court found that the applicant's precautionary suspension was both procedurally and substantively fair, as he was afforded an opportunity to make representations and the suspension was imposed for a legitimate investigative purpose with full pay. The third respondent was entitled to appeal the lenient sanction under clause 11(b) of the Disciplinary Code and Procedure, which was in operation at the relevant time. The applicant's failure to disclose material information regarding his resignation from his previous employer constituted dishonesty that undermined the trust relationship, justif…
Source excerpt
Mogaladi and Another v Public Protector South Africa (J 528/21) [2021] ZALCJHB 64 (28 May 2021)
The Labour Court held that the Public Protector, as an organ of state and employer, is bound by the final sanction imposed by the Chairperson of the disciplinary hearing in terms of the applicable Disciplinary Code and Procedure. The Code requires the Chairperson to determine and submit the final sanction for implementation; it does not permit the Public Protector to unilaterally alter or substitute the sanction, nor to invoke a secondary disciplinary process. The Public Protector's conduct in seeking to impose a dismissal contrary to the Chairperson's sanction constitutes unlawful self-help…
Source excerpt
POPCRU obo Matjele v Minister of Justice and Correctional Services and Others (JR 1025/2019) [2021] ZALCJHB 14 (8 February 2021)
The Labour Court dismissed POPCRU’s review and condonation bid, finding a six-month delay unreasonable and the employee’s deemed dismissal lawful.
Laubscher v GPSSBC and Others (J290/16) [2018] ZALCJHB 44 (5 February 2018)
The Labour Court declared DIRCO’s disciplinary proceedings against the applicant invalid for undue delay and barred any further action on the same alleged misconduct.
National Union of Mineworkers v Petra Diamonds t/a Cullinan Diamond Mine (Pty) Ltd (J1607/17) [2017] ZALCJHB 304 (25 August 2017)
The applicant failed to establish a clear right to have its official represent the employee at the disciplinary hearing, as the respondent's policy lawfully restricts representation to employees or shop stewards employed by the company. No exceptional circumstances were shown to justify the Labour Court's intervention in incomplete disciplinary proceedings. The applicant did not demonstrate irreparable harm, as the employee retained the right to representation by a NUM shop steward and remained suspended on full pay. Alternative remedies, including referral to the CCMA, were available and alr…
Source excerpt
Khena v Passenger Rail Agency of South Africa (J2767/16) [2016] ZALCJHB 457 (6 December 2016)
The Labour Court held that PRASA breached the employee’s contract by dismissing him before completing the disciplinary process it had initiated.
Lebaka and Another v Road Traffic Management Corporation (J1063/2016) [2016] ZALCJHB 206 (10 June 2016)
Urgent labour application dismissed for lack of urgency, no exceptional basis for intervention, and available statutory remedies after the disciplinary process.
Sekobo v MEC Department of Basic Education (Gauteng) and Others (JR 409/13) [2015] ZALCJHB 51 (24 February 2015)
Labour Court review of a dismissal award was dismissed. Condonation for late filing was granted, but the court upheld the arbitrator’s findings on credibility and misconduct.
Explore more
