South Africa Case Law

National Union of Metalworkers of South Africa obo Gxesi and Others v Faurecia Emission Control Technologies (Pty) Ltd and Others (C97/2022)

National Union of Metalworkers of South Africa obo Gxesi and Others v Faurecia Emission Control Technologies (Pty) Ltd and Others (C97/2022) [2025] ZALCCT 61 (6 August 2025)

Court

Labour Court Cape Town

Case number

C97/2022

Judge

Stelzner

Labour Court review of an arbitration award upheld dismissals for collective refusal to continue a stock take shift after 3pm.

• Unfair Dismissal
• Gross Insubordination
• Collective Agreement Interpretation
• Overtime Entitlement
• Arbitration Review
• Disciplinary Sanction

South African Police Services v Moyo and Another (C414/2021)

South African Police Services v Moyo and Another (C414/2021) [2025] ZALCCT 59 (2 July 2025)

Court

Labour Court Cape Town

Case number

C414/2021

Judge

May

The Labour Court dismissed SAPS’s unopposed review and condonation application, finding no unreasonable delay and no basis to interfere with the disciplinary sanction.

• Section 158 1 H Review
• Disciplinary Sanction
• Condonation
• Unreasonable Delay
• Proportionality Of Sanction
• Section-158-1-h-review

Sibanye Gold Ltd v Commission for Conciliation, Mediation and Arbitration and Another (JR2643/21)

Sibanye Gold Ltd v Commission for Conciliation, Mediation and Arbitration and Another (JR2643/21) [2024] ZALCJHB 491; [2025] 3 BLLR 320 (LC); (2025) 46 ILJ 1400 (LC) (5 December 2024)

Court

Labour Court Johannesburg

Case number

JR2643/21

Judge

R Daniels

The court found that the commissioner did not commit a gross irregularity by limiting evidence regarding violence during the strike, as the applicant failed to indicate its relevance to the inconsistency challenge and did not call witnesses with personal knowledge. The applicant did not present admissible evidence distinguishing the conduct of NUM members and AMCU branch leadership from that of the dismissed AMCU members. The finding of inconsistency was reasonable given the evidence, including the employer's own Dangerous Weapons Policy and correspondence indicating lesser sanctions for simi…

Source excerpt

• Inconsistency In Dismissal
• Substantive Fairness
• Review Of Arbitration Award
• Dangerous Weapons Policy
• Protected Strike
• Disciplinary Sanction

SAMWU obo Cheemee v City of Cape Town (C586/2020)

SAMWU obo Cheemee v City of Cape Town (C586/2020) [2024] ZALCCT 36 (16 August 2024)

Court

Labour Court Cape Town

Case number

C586/2020

Judge

Ford

The court held that the commissioner correctly understood her role as limited to determining the fairness of the employer's decision to dismiss, rather than substituting her own sanction. The applicant's argument that the commissioner should have imposed a lesser sanction was rejected, as the commissioner is not empowered to consider the sanction afresh but must assess whether the dismissal falls within the band of reasonableness. The commissioner found that the applicant was guilty of serious misconduct, including gross negligence and dishonesty, which warranted dismissal. The applicant's lo…

Source excerpt

• Unfair Dismissal
• Gross Negligence
• Dishonesty
• Disciplinary Sanction
• Arbitration Review
• Commissioner Powers

Govender and Others v Commission for Conciliation, Mediation and Arbitration and Others (DA 2/2022)

Govender and Others v Commission for Conciliation, Mediation and Arbitration and Others (DA 2/2022) [2024] ZALAC 6; [2024] 5 BLLR 453 (LAC); (2024) 45 ILJ 1197 (LAC) (26 February 2024)

Court

Labour Appeal Court

Case number

DA 2/2022

Judges

Waglay JP, Mlambo JA, Malindi AJA

The Labour Appeal Court upheld an appeal in a dismissal dispute, granted condonation, reinstated the review, and replaced dismissal with reinstatement and a final written warning.

• Unfair Dismissal
• Condonation
• Reinstatement
• Review Of Arbitration Award
• Disciplinary Sanction
• Section 197 Transfer

Maharaj v Transnet Soc Limited and Others (JR1497/21)

Maharaj v Transnet Soc Limited and Others (JR1497/21) [2024] ZALCJHB 131 (23 February 2024)

Court

Labour Court Johannesburg

Case number

JR1497/21

Judge

M Makhura

Labour Court review of a dismissal award failed. The court held the commissioner reasonably found gross negligence, irregular expenditure, and a justified dismissal.

• Review Of Arbitration Award
• Gross Negligence
• Irregular Expenditure
• Procurement Policy
• Disciplinary Sanction
• Review-of-arbitration-award

South African Legal Practice Council v Moleko (66719/2020)

South African Legal Practice Council v Moleko (66719/2020) [2022] ZAGPPHC 129 (16 February 2022)

Court

North Gauteng High Court, Pretoria

Case number

66719/2020

Judges

T.T Thupaatlase, M. Munzhelele

The court found that the respondent had repeatedly breached the Legal Practice Act and the Code of Conduct by practising without a fidelity fund certificate, failing to submit auditor's reports, neglecting to pay membership fees, and disregarding disciplinary proceedings. While some lapses were attributed to incompetence and inattention rather than dishonesty, the cumulative effect of these breaches rendered the respondent guilty of unprofessional conduct. However, the court concluded that the respondent remains fit to practise as an attorney, but that a reprimand would be insufficient given…

Source excerpt

• Attorney Misconduct
• Fit And Proper Person
• Fidelity Fund Certificate
• Auditor Report Noncompliance
• Disciplinary Sanction

Buthelezi v MEC - Department of Education KZN and Others (D640/17)

Buthelezi v MEC - Department of Education KZN and Others (D640/17) [2021] ZALCD 80 (14 December 2021)

Court

Labour Court Durban

Case number

D640/17

Judge

Moodley

The court found that the Commissioner’s findings on charges 1 and 2 were unreasonable and unsupported by the evidence, as missing invoices alone did not prove misappropriation and the loans to educators did not constitute a money-lending scheme nor did the applicant derive a benefit. However, the findings on charges 3 and 4—issuing cash cheques and failing to deposit school funds—were justified by the evidence, as the applicant initiated and caused these irregular payments and failed to follow departmental regulations. The applicant’s defence of ignorance of the rules was rejected as implausi…

Source excerpt

• Review Of Arbitration Award
• Misconduct By Educator
• Condonation Application
• Procedural Fairness
• Disciplinary Sanction

Member of the Executive Council Education, Mpumalanga v Mokwena; In re: Mokwena v Education Labour Relation Council and Others (JR2133/16)

Member of the Executive Council Education, Mpumalanga v Mokwena; In re: Mokwena v Education Labour Relation Council and Others (JR2133/16) [2021] ZALCJHB 410 (15 October 2021)

Court

Labour Court Johannesburg

Case number

JR2133/16

Judge

M I Mangena

The Labour Court refused condonation, held the review was deemed withdrawn for late filing of the record, and struck the matter from the roll.

• Condonation
• Review Procedure
• Unfair Labour Practice
• Failure To Comply With Rules
• Jurisdiction
• Disciplinary Sanction

SACCAWU obo Ramontlhe and Others v Sun City (JA22/2018)

SACCAWU obo Ramontlhe and Others v Sun City (JA22/2018) [2019] ZALAC 67; (2020) 41 ILJ 160 (LAC) (16 October 2019)

Court

Labour Appeal Court

Case number

JA22/2018

Judges

Davis, Coppin, Murphy

Employees dismissed for joining an unprotected strike after a Labour Court interdict. The Labour Appeal Court upheld dismissal, finding Sun City had addressed the complaints raised.

• Unfair Dismissal
• Unprotected Strike
• Disciplinary Sanction
• Parity Principle
• Item 6 Schedule 8 Lra
• Unprotected-strike