South Africa Case Law

Mbeje and Others v Department of Health Kwazulu-Natal and Others (DA33/2022)

Mbeje and Others v Department of Health Kwazulu-Natal and Others (DA33/2022) [2024] ZALAC 38; [2024] 11 BLLR 1111 (LAC); 2024) 45 ILJ 2681 (LAC) (22 August 2024)

Court

Labour Appeal Court

Case number

DA33/2022

Judges

Van Niekerk, Nkutha-Nkontwana, Govindjee

The Labour Appeal Court held that the pre-arbitration minute bound the parties to the sanction issue only and dismissed the appeal against the review outcome.

• Unprotected Strike
• Dismissal For Misconduct
• Pre Arbitration Minute
• Sanction Appropriateness
• Disciplinary Code Application
• Pre-arbitration-minute

City of Johannesburg v Mudau and Another (JR2217/20)

City of Johannesburg v Mudau and Another (JR2217/20) [2024] ZALCJHB 56 (26 January 2024)

Court

Labour Court Johannesburg

Case number

JR2217/20

Judge

M.T.M. Phehane

The Labour Court dismissed a review of an internal appeal outcome, holding the chair acted within the disciplinary code when setting aside the dismissal.

• Disciplinary Code Application
• Procedural Fairness
• Substantive Fairness
• Legality Review
• Condonation
• Internal Appeal

Harmony Goldmine Company Limited v Raffee NO and Others (JR1205/15)

Harmony Goldmine Company Limited v Raffee NO and Others (JR1205/15) [2018] ZALCJHB 169; (2018) 39 ILJ 2017 (LC) (8 May 2018)

Court

Labour Court Johannesburg

Case number

JR1205/15

Judge

P Nkutha-Nkontwana

The Labour Court dismissed Harmony Gold’s review of an arbitration award, holding the commissioner reasonably treated cultural reconciliation and compensation as remorse, not misconduct.

• Unfair Dismissal
• Review Of Arbitration Award
• Cultural Tradition In Workplace
• Condonation
• Disciplinary Code Application
• Review-of-arbitration-award

Shanduka Coal (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration (CCMA) and Others (JR725/15)

Shanduka Coal (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration (CCMA) and Others (JR725/15) [2018] ZALCJHB 21 (30 January 2018)

Court

Labour Court Johannesburg

Case number

JR725/15

Judge

B Whitcher

The court found that the Commissioner failed to apply his mind to material facts and rules, including the employees' awareness of safety procedures, the absence of a justifiable excuse for non-compliance, and the disciplinary code's prescription of dismissal for such offences. The evidence established that the employees breached lockout, isolator, and risk assessment requirements without justification. The Commissioner unreasonably substituted the prescribed sanction with a final warning, which was not supported by the facts or the code. The arbitration award was thus set aside and replaced w…

Source excerpt

• Substantive Fairness Of Dismissal
• Health And Safety Compliance
• Disciplinary Code Application
• Arbitration Review
• Risk Assessment Requirements

Thorne v Commission for Conciliation Mediation And Arbitration and Others (C832/08)

Thorne v Commission for Conciliation Mediation And Arbitration and Others (C832/08) [2014] ZALCCT 59 (3 November 2014)

Court

Labour Court Cape Town

Case number

C832/08

Judge

Lagrange

Labour Court review dismissed after the court found no reviewable irregularity in an arbitration award upholding dismissal for refusing a welding instruction.

• Unfair Dismissal
• Refusal To Obey Instruction
• Procedural Fairness
• Occupational Health And Safety
• Disciplinary Code Application
• Refusal-to-obey-instruction

National Union of Mineworkers and Others v Commission for Conciliation, Mediation and Arbitration and Others (C 545/09)

National Union of Mineworkers and Others v Commission for Conciliation, Mediation and Arbitration and Others (C 545/09) [2010] ZALC 152; (2011) 32 ILJ 956 (LC) (22 October 2010)

Court

Labour Court

Case number

C 545/09

Judge

Steenkamp

Labour Court review of a CCMA award upheld dismissals for misconduct at a diamond mine, finding the charge, code, evidence, and compensation award all reasonable.

• Unfair Dismissal
• Disciplinary Code Application
• Procedural Fairness
• Compensation For Unfair Dismissal
• Unfair-dismissal
• Labour-review