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South Africa decisions
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Garachv v African Bank Holdings Limited (2025/114171) [2025] ZALCD 30 (4 August 2025)
The Labour Court held that the employee’s dismissal was unlawful and ordered reinstatement pending a proper disciplinary hearing under the employer’s code.
Sphinx Acrylic Bathroom Ware (Pty) Ltd v Conciliation Mediation and Arbitration and Others (JR865/21) [2024] ZALCJHB 129 (6 March 2024)
Labour Court dismissed a review of a CCMA award, upholding a finding of substantively unfair dismissal and reinstatement for a housekeeping-related charge.
Dlamini v MEC for Education Kwazulu Natal (D 23/2022) [2022] ZALCD 35 (6 August 2022)
The court found that the applicant's suspension was unlawful as the employer failed to comply with its own disciplinary code and policies, and there was no valid basis for continued suspension after the disciplinary hearing was finalised. The applicant resumed duties and was then suspended again without justification, amounting to an abuse of power and fruitless expenditure. The Labour Court has jurisdiction to grant relief in exceptional circumstances where no alternative remedy exists and substantial prejudice is suffered. The court determined that the applicant's case presented compelling…
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Nevehethalu v Commission for Conciliation, Mediation and Arbitration and Others (JR1334/14) [2018] ZALCJHB 109 (13 March 2018)
Review of a dismissal award dismissed. The Labour Court held the arbitrator’s findings on procurement irregularities, policy awareness, and fairness were reasonable.
Motale v The Citizen 1978 (Pty) Ltd and Others (J2819/16) [2017] ZALCJHB 22; [2017] 5 BLLR 511 (LC) (27 January 2017)
The Labour Court held that The Citizen breached Motale’s employment contract by dismissing him without following the incorporated disciplinary code, and ordered reinstatement.
National Union of Mineworkers obo Vangile v Commission for Conciliation, Mediation and Arbitration and Others (PR59/15) [2016] ZALCPE 19 (4 November 2016)
The Labour Court reviewed and set aside an award upholding Vangile’s dismissal, finding the arbitrator failed to assess dismissal as a separate sanction issue.
Mogale City Local Municipality v Matlala and Others (JR756/2013) [2016] ZALCJHB 168 (21 April 2016)
The court found that the applicant failed to comply with the time-bar provisions of the disciplinary code and did not seek condonation, which was a precondition for initiating the disciplinary enquiry. The arbitrator was entitled to consider the legality of the non-compliant disciplinary hearing as a relevant factor in determining procedural fairness. On the substantive issue, the evidence presented by the applicant was largely circumstantial and did not establish on a balance of probabilities that Mr Mphaphuli tampered with his electricity meter. The arbitrator dealt with the substantial iss…
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Ndlela v Metrorail and Others (D628/2011) [2014] ZALCD 78 (8 December 2014)
The court found that the arbitrator acted within her powers in making factual findings regarding the date management became aware of the misconduct and compliance with Clause 4.4 of the Disciplinary Code. The applicant did not raise a jurisdictional point during arbitration, and the arbitrator's determination was based on the facts presented. The allegations of victimisation were not substantiated by the evidence, and the arbitrator reasonably found that the applicant was correctly charged and found guilty of misconduct. The applicant's evidence regarding the use of the company vehicle was co…
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Solidarity obo Parkinson v Damelin (Pty) Ltd and Others (JR2792/12) [2014] ZALCJHB 480 (4 December 2014)
Labour Court reviewed a CCMA award upholding dismissal, finding the employer ignored its disciplinary code and the commissioner’s reasoning was unreasonable.
Metrorail v Commission for Conciliation Mediation And Arbitration and Others (D869/2011) [2014] ZALCD 61 (7 November 2014)
The Labour Court reviewed and set aside a CCMA award that upheld limine points on an unsupported factual assumption, and remitted the dismissal dispute.
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