South Africa Case Law

Southern African Clothing and Textile Workers Union and Others v Agri Poultry (Pty) Ltd ta Daybreak Farm and Others (JS751/22)

Southern African Clothing and Textile Workers Union and Others v Agri Poultry (Pty) Ltd ta Daybreak Farm and Others (JS751/22) [2025] ZALCJHB 304 (24 July 2025)

Court

Labour Court Johannesburg

Case number

JS751/22

Judge

MB Mahalelo

The court found that the respondent failed to discharge its onus to prove that the three shop stewards were guilty of incitement, as no credible evidence was led against them. The deductions from bonus payments were lawful and did not amount to provocation. The strike lasted for three days and was not of limited duration. Although formal written ultimatums were not issued, the employees were adequately warned through union engagement and shop steward communication. The respondent applied discipline inconsistently by dismissing some employees without valid final written warnings and treating s…

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• Unfair Dismissal
• Unprotected Strike
• Parity Principle
• Disciplinary Inconsistency
• Remedies For Unfair Dismissal
• Compensation

DPD Laser Logistics (Pty) Ltd v Democratic True Revolutionary Union of South Africa (DETRUSA) and Others (2024/133059)

DPD Laser Logistics (Pty) Ltd v Democratic True Revolutionary Union of South Africa (DETRUSA) and Others (2024/133059) [2024] ZALCJHB 478 (27 November 2024)

Court

Labour Court Johannesburg

Case number

2024/133059

Judge

S Snyman

The court found that the demands made by DETRUSA and the employees, specifically the suspension and investigation of a management employee, were unlawful as they required the employer to act contrary to the Labour Relations Act, which prohibits unfair suspension or disciplinary action. The demand for consistent application of discipline was held to be a rights dispute, subject to arbitration or adjudication under the LRA, and thus not a permissible basis for protected strike action under section 65(1)(c). The applicant satisfied the requirements for urgent interim relief, having demonstrated…

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• Strike Interdict
• Unlawful Demand
• Disciplinary Inconsistency
• Prima Facie Right
• Urgent Application
• Unfair Labour Practice

DSV South Africa (Pty) Ltd v Koekemoer N.O. and Others (JR2552/21)

DSV South Africa (Pty) Ltd v Koekemoer N.O. and Others (JR2552/21) [2024] ZALCJHB 173 (26 April 2024)

Court

Labour Court Johannesburg

Case number

JR2552/21

Judge

M Makhura

The Labour Court dismissed a review of an award that reinstated two employees dismissed for route deviation, finding the commissioner’s sanction reasoning was reasonable.

• Unfair Dismissal
• Remedy Of Reinstatement
• Disciplinary Inconsistency
• Review Of Arbitration Award
• Unfair-dismissal
• Review-of-arbitration-award

NUMSA obo Mapomav v Videx Mining Products (Pty) Ltd (JR2341-19)

NUMSA obo Mapomav v Videx Mining Products (Pty) Ltd (JR2341-19) [2024] ZALCJHB 75 (21 February 2024)

Court

Labour Court Johannesburg

Case number

JR2341-19

Judge

N Makopo

Labour Court review dismissed after finding no inconsistency in discipline and that dismissal was substantively fair for workplace assault.

• Substantive Fairness Of Dismissal
• Workplace Assault
• Disciplinary Inconsistency
• Evidentiary Burden
• Sanction Appropriateness
• Labour-law

United National Transport Union obo Nkambule v Mokwene NO and Others (JR 284/2021)

United National Transport Union obo Nkambule v Mokwene NO and Others (JR 284/2021) [2023] ZALCJHB 272 (13 October 2023)

Court

Labour Court Johannesburg

Case number

JR 284/2021

Judge

Van Niekerk

Labour Court review of a dismissal award failed. The court held the arbitrator reasonably found the employee responsible for a sick train assistant and no inconsistent discipline.

• Unfair Dismissal
• Review Of Arbitration Award
• Gross Dereliction Of Duty
• Disciplinary Inconsistency
• Reasonableness Standard
• Labour-law

McGregor v Department of Health , Western Cape and Others (CA18/18)

McGregor v Department of Health , Western Cape and Others (CA18/18) [2020] ZALAC 61; (2021) 42 ILJ 514 (LAC) (13 October 2020)

Court

Labour Appeal Court

Case number

CA18/18

Judges

Davis, Sutherland, Murphy

The Labour Appeal Court held that the appellant committed three counts of sexual harassment against a junior colleague, which, when considered cumulatively and in light of his position and responsibilities, constituted serious misconduct. The arbitrator's finding of substantive unfairness based on disciplinary inconsistency was unreasonable, as the circumstances of the other employee differed and the parity principle did not apply. The appellant's conduct irreparably damaged the trust relationship, making reinstatement inappropriate. The Labour Court's modification of the award to reflect sub…

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• Sexual Harassment
• Unfair Dismissal
• Disciplinary Inconsistency
• Remedies For Unfair Dismissal
• Trust Relationship Breakdown

South African Airways Technical SOC Ltd v Commission for Conciliation, Mediation and Arbitration and Others (JR1889/14)

South African Airways Technical SOC Ltd v Commission for Conciliation, Mediation and Arbitration and Others (JR1889/14) [2020] ZALCJHB 58 (3 March 2020)

Court

Labour Court Johannesburg

Case number

JR1889/14

Judge

Tlhotlhalemaje

The Labour Court found that the Commissioner misconstrued the nature of the enquiry and failed to properly assess the evidence. The Commissioner focused mechanically on the existence of a workplace rule, ignoring the broader duty of care and common sense required in aircraft maintenance. The evidence established that Coetzer signed off on work that was not performed, resulting in damage and financial loss. The exclusion of hearsay evidence was misapplied, as arbitration proceedings allow for flexibility and the interests of justice may justify its admission. The claim of inconsistent discipli…

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• Unfair Dismissal
• Gross Negligence
• Disciplinary Inconsistency
• Hearsay Evidence
• Standard Of Care
• Arbitration Review

Nemufulwi and Others v UNICA Iron & Steel (Pty) Limited (JS417/17)

Nemufulwi and Others v UNICA Iron & Steel (Pty) Limited (JS417/17) [2019] ZALCJHB 256 (13 September 2019)

Court

Labour Court Johannesburg

Case number

JS417/17

Judge

S Mabaso

The Labour Court held that dismissals for an unprotected strike and workplace violence were substantively fair, but applicants 1 and 2 won procedural unfairness compensation.

• Unfair Dismissal
• Procedural Fairness
• Substantive Fairness
• Unprotected Strike
• Disciplinary Inconsistency
• Compensation For Unfair Dismissal

Assmang (Pty) Ltd t/a Khumani Mine v Commission for Mediation, Arbitration and Conciliation and Others (JR2416/15)

Assmang (Pty) Ltd t/a Khumani Mine v Commission for Mediation, Arbitration and Conciliation and Others (JR2416/15) [2018] ZALCJHB 193 (24 May 2018)

Court

Labour Court Johannesburg

Case number

JR2416/15

Judge

Lagrange

The Labour Court reviewed and set aside an arbitration award, holding that the employee’s dismissal for a safety breach was substantively fair despite inconsistency concerns.

• Unfair Dismissal
• Disciplinary Inconsistency
• Mine Health And Safety Act
• Substantive Fairness
• Unfair-dismissal
• Disciplinary-inconsistency

Bader SA (Pty) Ltd v Commission for Conciliation, Meditation and Arbitration and Others (JR438/13)

Bader SA (Pty) Ltd v Commission for Conciliation, Meditation and Arbitration and Others (JR438/13) [2016] ZALCJHB 550 (20 December 2016)

Court

Labour Court Johannesburg

Case number

JR438/13

Judge

Mothibi

Labour Court review of a CCMA award: the court held the dismissal for insubordination and dishonesty was procedurally and substantively fair.

• Unfair Dismissal
• Insubordination
• Dishonesty In Employment
• Procedural Fairness
• Trust Relationship
• Disciplinary Inconsistency