South Africa Case Law

Association of Mineworkers and Construction Union obo Maroga and 38 Others v Eastern Chrome Mines (Samancor Ltd) (JS857/20)

Association of Mineworkers and Construction Union obo Maroga and 38 Others v Eastern Chrome Mines (Samancor Ltd) (JS857/20) [2025] ZALCJHB 153 (23 April 2025)

Court

Labour Court Johannesburg

Case number

JS857/20

Judge

Daniels

Mineworkers refused underground work over COVID-19 fears. The Labour Court found the refusal was an unprotected strike, but dismissal was too harsh and ordered reinstatement.

• Unprotected Strike
• Mine Health And Safety Act
• Substantive Unfairness
• Reinstatement
• Disciplinary Consistency
• Covid19 Workplace Safety

Cleveland Crane Hire Close Corporation v NUMSA, obo Rosbert and Others (JR 2292/18)

Cleveland Crane Hire Close Corporation v NUMSA, obo Rosbert and Others (JR 2292/18) [2023] ZALCJHB 267 (14 February 2023)

Court

Labour Court Johannesburg

Case number

JR 2292/18

Judge

M Baloyi

The Labour Court found that the second respondent's decision that the applicant applied discipline inconsistently was reasonable, as Employees 2 and 3 were reinstated after showing remorse and approaching the Managing Director, while the first respondent was dismissed despite showing remorse during the disciplinary hearing. The only difference was the failure of the first respondent to approach the MD after the hearing, which should not have prejudiced him. The Court held that the dismissal was substantively unfair due to inconsistent application of discipline. However, the relief of reinstat…

Source excerpt

• Unfair Dismissal
• Disciplinary Consistency
• Remedy Of Reinstatement
• Final Written Warning

NUMSA obo Maseko and 47 Others v AMT Africa Recruitment (PTY) Limited (JS 1176/2012)

NUMSA obo Maseko and 47 Others v AMT Africa Recruitment (PTY) Limited (JS 1176/2012) [2022] ZALCJHB 267; (2022) 43 ILJ 2792 (LC) (21 September 2022)

Court

Labour Court Johannesburg

Case number

JS 1176/2012

Judge

Prinsloo

The Labour Court held that dismissals for an unprotected go-slow were substantively fair, rejecting claims of provocation, inconsistency, and special treatment for assistants.

• Unprotected Strike
• Dismissal For Misconduct
• Disciplinary Consistency
• Go Slow
• Ultimatum Compliance
• Substantive Fairness

Molefe v Commission for Conciliation, Mediation & Arbitration Polokwane and Others (JR2356/17)

Molefe v Commission for Conciliation, Mediation & Arbitration Polokwane and Others (JR2356/17) [2021] ZALCJHB 203 (2 August 2021)

Court

Labour Court Johannesburg

Case number

JR2356/17

Judge

Nsibanyoni

Labour Court dismissed condonation and review because the delay was poorly explained and the applicant showed no prospects of success in challenging the dismissal award.

• Condonation
• Unfair Dismissal
• Review Of Arbitration Award
• Disciplinary Consistency
• Fraud In Employment
• Review-of-arbitration-award

County Fair Foods (Epping), a division of Astral Operations Ltd v Food and Allied Workers' Union and Others (CA02/2017)

County Fair Foods (Epping), a division of Astral Operations Ltd v Food and Allied Workers' Union and Others (CA02/2017) [2018] ZALAC 9; [2018] 8 BLLR 756 (LAC); (2018) 39 ILJ 1953 (LAC) (11 May 2018)

Court

Labour Appeal Court

Case number

CA02/2017

Judges

Coppin, Sutherland, Savage

The Labour Appeal Court held that dismissals for continued participation in an unprotected strike were fair where employees ignored a final ultimatum and were treated consistently.

• Unprotected Strike
• Dismissal For Misconduct
• Disciplinary Consistency
• Ultimatum Compliance
• Reinstatement
• Code Of Good Practice

Mogale City Local Municipality v SAMWU obo Tafu and Others (JR2959/12)

Mogale City Local Municipality v SAMWU obo Tafu and Others (JR2959/12) [2017] ZALCJHB 464 (12 December 2017)

Court

Labour Court Johannesburg

Case number

JR2959/12

Judge

E. Tlhotlhalemaje

The Commissioner’s award was unreasonable and materially flawed. The Commissioner failed to properly assess the evidence and misapplied the parity principle by focusing rigidly on alleged inconsistency in discipline, ignoring the seriousness and criminal nature of the misconduct. The evidence established that Tafu, together with Mogomotsi, engaged in corrupt and dishonest conduct by soliciting money from vulnerable residents under false pretenses. The Commissioner’s finding that Mrs Swanepoel failed to prove Tafu received money was a misdirection, as the onus was not on her but on the Commiss…

Source excerpt

• Unfair Dismissal
• Disciplinary Consistency
• Collective Agreement Procedures
• Condonation
• Review Of Arbitration Award

Public Servants Association of South Africa obo Motapanyane v Premier: Free State Province and Another (JS867/2006)

Public Servants Association of South Africa obo Motapanyane v Premier: Free State Province and Another (JS867/2006) [2017] ZALCJHB 467 (1 December 2017)

Court

Labour Court Johannesburg

Case number

JS867/2006

Judge

Prinsloo

The Labour Court found that a shop steward participated in an unprotected strike at an essential-service hospital and held that dismissal was substantively fair.

• Unprotected Strike
• Substantive Fairness
• Shop Steward Dismissal
• Disciplinary Consistency
• Code Of Good Practice
• Essential Services

MEC for Education (North West Provincial Government) v Makubalo (JA37/2012)

MEC for Education (North West Provincial Government) v Makubalo (JA37/2012) [2017] ZALAC 13 (3 February 2017)

Court

Labour Appeal Court

Case number

JA37/2012

Judges

Waglay, Ndlovu, Savage

Appeal upheld in a labor dispute over a principal’s dismissal for sexual assault and financial mismanagement, with the Labour Court’s reinstatement order set aside.

• Unfair Dismissal
• Disciplinary Consistency
• Sexual Assault In Workplace
• Employment Of Educators Act
• Arbitration Review
• Condonation

South African Clothing and Textile Worker's Union and Others v Commission for Conciliation, Mediation and Arbitration and Others (JR686/2015)

South African Clothing and Textile Worker's Union and Others v Commission for Conciliation, Mediation and Arbitration and Others (JR686/2015) [2017] ZALCJHB 24 (26 January 2017)

Court

Labour Court Johannesburg

Case number

JR686/2015

Judge

Prinsloo

Labour Court review of a dismissal award failed. The court held that the arbitrator reasonably upheld dismissal for tyre burning during a strike and found no inconsistency.

• Unfair Dismissal
• Disciplinary Consistency
• Sanction Appropriateness
• Protected Strike Action
• Unfair-dismissal
• Disciplinary-consistency

IMATU obo Cupido v City of Cape Town and Others (C420/2015)

IMATU obo Cupido v City of Cape Town and Others (C420/2015) [2016] ZALCCT 42 (2 November 2016)

Court

Labour Court Cape Town

Case number

C420/2015

Judge

Rabkin-Naicker

The Labour Court upheld a review award confirming that a City law enforcement officer was fairly dismissed for gross negligence after a serious crash.

• Dismissal For Gross Negligence
• Disciplinary Consistency
• Breakdown Of Trust Relationship
• Review Of Arbitration Award
• Gross-negligence
• Dismissal