South Africa Case Law

Gibela Rail Transport Consortium Rf Pty (Ltd) v NUMSA obo Dube and Others (JR1558/2022)

Gibela Rail Transport Consortium Rf Pty (Ltd) v NUMSA obo Dube and Others (JR1558/2022) [2025] ZALCJHB 301 (28 July 2025)

Court

Labour Court Johannesburg

Case number

JR1558/2022

Judge

Lagrange

The court found that the arbitrator erred in interpreting the disciplinary code as recommending a final written warning for unauthorized use of a company vehicle, when it actually prescribed dismissal. However, the court held that this error was not material enough to render the award unreasonable, as the evidence did not establish that the employment relationship was irreparably damaged or that dismissal was the only appropriate sanction. The arbitrator's failure to impose a final written warning was unjustified, but her finding that Dube was not guilty of providing false or misleading infor…

Source excerpt

• Unfair Dismissal
• Review Of Arbitration Award
• Disciplinary Code Interpretation
• Sanction Appropriateness
• Misconduct
• Final Written Warning

National Lotteries Commission v Commission for Conciliation, Mediation and Arbitration and Others (C696/2021)

National Lotteries Commission v Commission for Conciliation, Mediation and Arbitration and Others (C696/2021) [2024] ZALCCT 66 (18 December 2024)

Court

Labour Court Cape Town

Case number

C696/2021

Judge

Lagrange

The Labour Court reviewed and set aside an arbitration award finding dismissal unfair, holding the employee’s dismissal for vehicle misconduct was substantively fair.

• Unfair Dismissal
• Disciplinary Code Interpretation
• Remedies For Unfair Dismissal
• Review Of Arbitration Award
• Unfair-dismissal
• Review-of-arbitration-award

Sun International Management (Pty) Ltd v Augustus and Others (JR635/22)

Sun International Management (Pty) Ltd v Augustus and Others (JR635/22) [2024] ZALCJHB 447 (6 November 2024)

Court

Labour Court Johannesburg

Case number

JR635/22

Judge

Sono

The court found that the applicant's disciplinary code did not empower it to overturn the sanction imposed by the appeal chairperson. The employer's action in dismissing the first respondent after the appeal chairperson reduced the sanction was ultra vires and rendered the dismissal unfair. However, the arbitrator failed to properly consider whether reinstatement was appropriate, as required by section 193(2) of the LRA and the parties' pre-arbitration agreement. The arbitrator did not provide reasons for finding continued employment tolerable or address the applicant's arguments regarding th…

Source excerpt

• Unfair Dismissal
• Disciplinary Code Interpretation
• Reinstatement Remedy
• Condonation And Reinstatement
• Ultra Vires Employer Action

NUM obo Magagula v Commission For Conciliation Mediation and Arbitration and Others (JR554/18)

NUM obo Magagula v Commission For Conciliation Mediation and Arbitration and Others (JR554/18) [2024] ZALCJHB 333 (23 May 2024)

Court

Labour Court Johannesburg

Case number

JR554/18

Judge

Mokose AJ

Labour Court review dismissed: the commissioner’s finding that dismissal for dishonesty was substantively fair fell within the band of reasonableness.

• Unfair Dismissal
• Dishonesty In Employment
• Consistency In Discipline
• Substantive Fairness
• Disciplinary Code Interpretation
• Dismissal-for-dishonesty

Public Servants Association of South Africa obo Dodo v Minister of Home Affairs and Others (J452/2024)

Public Servants Association of South Africa obo Dodo v Minister of Home Affairs and Others (J452/2024) [2024] ZALCJHB 204 (15 May 2024)

Court

Labour Court Johannesburg

Case number

J452/2024

Judge

Tlhotlhalemaje

Urgent Labour Court application dismissed for self-created urgency and available alternative remedies in a disciplinary dispute over external chairperson appointments.

• Disciplinary Code Interpretation
• Urgent Application Requirements
• Procedural Fairness
• Exceptional Circumstances
• Collective Bargaining Agreements
• Urgent-labour-application

Mariemuthoo v Matshaka N.O and Others (JR 328/21)

Mariemuthoo v Matshaka N.O and Others (JR 328/21) [2024] ZALCJHB 4 (15 January 2024)

Court

Labour Court Johannesburg

Case number

JR 328/21

Judge

P Naidoo

The court found that the arbitrator's findings on substantive fairness were reasonable and supported by the evidence, including the applicant's lack of written mandate for the BEC to negotiate prices and his responsibility for the High Speed Copiers Maintenance Contract. The applicant failed to establish any reviewable irregularity or misconduct by the arbitrator, and the alleged sleeping or bias did not result in a mistrial or unfair hearing. The court held that the appointment of an external Presiding Officer was permitted by the Disciplinary Code and did not prejudice the applicant. The ar…

Source excerpt

• Unfair Dismissal
• Disciplinary Code Interpretation
• Procedural Fairness
• Arbitration Review
• Gross Misconduct

Mnisi and Others v South African Broadcasting Corporation SOCS Limited and Others (JS 126/2019)

Mnisi and Others v South African Broadcasting Corporation SOCS Limited and Others (JS 126/2019) [2023] ZALCJHB 178; [2023] 9 BLLR 950 (LC); (2023) 44 ILJ 1977 (LC) (9 June 2023)

Court

Labour Court Johannesburg

Case number

JS 126/2019

Judge

Van Niekerk

The Labour Court dismissed claims by dismissed SABC employees who alleged contractual breaches, unlawful use of medical claims data, and lack of authority to dismiss.

• Breach Of Employment Contract
• Disciplinary Code Interpretation
• Right To Hearing
• Confidential Medical Information
• Authority To Dismiss
• Specific Performance

Roche v Lebaea and Others (C530/2021)

Roche v Lebaea and Others (C530/2021) [2023] ZALCCT 16 (17 April 2023)

Court

Labour Court Cape Town

Case number

C530/2021

Judge

Lagrange

The Labour Court set aside an arbitration award after finding the arbitrator unreasonably admitted hearsay and misread the evidence on a dismissal dispute.

• Admission Of Hearsay Evidence
• Substantive Fairness
• Procedural Fairness
• Polygraph Evidence
• Disciplinary Code Interpretation
• Labour-law

Association of Mineworkers and Construction Union obo Dube v Commission for Conciliation, Mediation and Arbitration and Others (JR 1436 / 2020)

Association of Mineworkers and Construction Union obo Dube v Commission for Conciliation, Mediation and Arbitration and Others (JR 1436 / 2020) [2022] ZALCJHB 156 (14 June 2022)

Court

Labour Court Johannesburg

Case number

JR 1436 / 2020

Judge

Prinsloo

The Labour Court granted review, set aside the arbitration award, and found Mr Dube’s dismissal substantively unfair, ordering retrospective reinstatement.

• Unfair Dismissal
• Condonation Of Late Filing
• Hearsay Evidence
• Disciplinary Code Interpretation
• Substitution Of Award
• Unfair-dismissal

Sol Plaatje Municipality v South African Local Government Bargaining Council and Others (PA12/19)

Sol Plaatje Municipality v South African Local Government Bargaining Council and Others (PA12/19) [2021] ZALAC 24; [2021] 11 BLLR 1096 (LAC); (2022) 43 ILJ 145 (LAC) (5 August 2021)

Court

Labour Appeal Court

Case number

PA12/19

Judges

Davis JA, Coppin JA, Savage AJA

The Labour Appeal Court upheld an employer’s appeal, finding that dismissal for dishonest conduct over municipal air-conditioner parts was procedurally and substantively fair.

• Unfair Dismissal
• Disciplinary Code Interpretation
• Review Of Arbitration Award
• Dishonesty In Employment
• Team Misconduct
• Unfair-dismissal