South Africa Case Law

Swart v T4 Computer System CC ta Freeway Fleet Maintenance (JR1884/2022)

Swart v T4 Computer System CC ta Freeway Fleet Maintenance (JR1884/2022) [2025] ZALCJHB 227 (19 June 2025)

Court

Labour Court Johannesburg

Case number

JR1884/2022

Judge

D Cithi

The Labour Court found that the Commissioner’s award was reasonable and supported by the evidence. The applicant failed to log billable hours despite clear instructions, resulting in financial loss to the company. His explanations regarding workload and lack of SOPs were rejected as inconsistent with his prior conduct and the objective facts. The claim of providing training on a non-existent functionality was dishonest, and the applicant’s procedural challenges lacked evidentiary support. The Commissioner’s findings on both substantive and procedural fairness, as well as the appropriateness o…

Source excerpt

• Unfair Dismissal
• Review Of Arbitration Award
• Procedural Fairness
• Dishonesty
• Failure To Follow Instruction

Ntame v Commission for Conciliation Mediation and Arbitration and Others (C497/2019)

Ntame v Commission for Conciliation Mediation and Arbitration and Others (C497/2019) [2025] ZALCCT 40 (17 June 2025)

Court

Labour Court Cape Town

Case number

C497/2019

Judge

R Lagrange

Labour Court review dismissed after upholding a dismissal for repeated dishonest conduct involving shift swaps and false time claims; late filing of the record was condoned.

• Misconduct Dismissal
• Dishonesty
• Condonation
• Review Of Arbitration Award
• Procedural Fairness
• Substantive Fairness

Legend Logistics v SATAWU obo T.M and Others (JR831/24)

Legend Logistics v SATAWU obo T.M and Others (JR831/24) [2025] ZALCJHB 85 (27 February 2025)

Court

Labour Court Johannesburg

Case number

JR831/24

Judge

Mkwibiso

The court found that the employee's conduct was not work-related and occurred outside the workplace. The employer had no jurisdiction to discipline her for conduct that did not affect the workplace directly. The employee was not dishonest, as she genuinely believed her colleague was the father of her child and had no objection to a paternity test. The mere fact that her suspicion was incorrect did not amount to misconduct. The Commissioner’s decision that the dismissal was substantively unfair was reasonable and should not be disturbed.

Source excerpt

• Unfair Dismissal
• Jurisdiction Of Employer
• Substantive Fairness
• Dishonesty
• Compensation Award

South African Legal Practice Council v Swartz (15857/2023)

South African Legal Practice Council v Swartz (15857/2023) [2025] ZAWCHC 60 (21 February 2025)

Court

Western Cape High Court, Cape Town

Case number

15857/2023

Judges

Lekhuleleni, Sher

The High Court held the Legal Practice Council was not bound by its disciplinary committee and granted a wholly suspended three-year suspension, not strike-off.

• Legal Practitioner Misconduct
• Fit And Proper Test
• Disciplinary Committee Powers
• Legal Practice Act
• Dishonesty
• Sanctions For Professional Misconduct

SASBO obo Neville v Standard Bank Judgment and Others (JR165/23)

SASBO obo Neville v Standard Bank Judgment and Others (JR165/23) [2025] ZALCJHB 31 (29 January 2025)

Court

Labour Court Johannesburg

Case number

JR165/23

Judge

Daniels

The court found that the commissioner’s decision that the applicant’s dismissal was substantively fair was reasonable and supported by the evidence. The applicant admitted to breaching the Bank’s activation rule by using her own funds to activate ninety-nine accounts, including accounts opened by colleagues, with the intention to meet sales targets and avoid performance management. Her admissions in statements and declarations demonstrated awareness of wrongdoing and intent to deceive. The applicant’s arguments regarding unclear rules, lack of intent, remorse, and inconsistent discipline were…

Source excerpt

• Unfair Dismissal
• Dishonesty
• Inconsistent Discipline
• Review Of Arbitration Award
• Remorse
• Activation Rule Breach

Bam v Safety and Security Sectoral Bargaining Council and Others (C148/2017)

Bam v Safety and Security Sectoral Bargaining Council and Others (C148/2017) [2025] ZALCCT 3 (8 January 2025)

Court

Labour Court Cape Town

Case number

C148/2017

Judge

R Lagrange

Labour Court dismissed a review of a police officer’s dismissal for shoplifting and dishonesty, finding the arbitrator’s credibility findings and refusal of further cross-examination were reasonable.

• Unfair Dismissal
• Misconduct
• Dishonesty
• Disciplinary Procedure
• Trust Relationship Breakdown
• Unfair-dismissal

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

Ferroland Ground Trust (Pty) Ltd v Commission For Conciliation Mediation And Arbitration (JR194/20)

Ferroland Ground Trust (Pty) Ltd v Commission For Conciliation Mediation And Arbitration (JR194/20) [2024] ZALCJHB 273 (25 July 2024)

Court

Labour Court Johannesburg

Case number

JR1942/20

Judge

Luthuli

The Labour Court reviewed and set aside a CCMA award, finding the dismissal of a shop steward for dishonesty was procedurally and substantively fair.

• Unfair Dismissal
• Trade Union Representation
• Procedural Fairness
• Substantive Fairness
• Disciplinary Code
• Dishonesty

SA Legal Practice Council v Maeyane (24543/2022)

SA Legal Practice Council v Maeyane (24543/2022) [2024] ZAGPPHC 666 (3 July 2024)

Court

North Gauteng High Court, Pretoria

Case number

24543/2022

Judges

Janse van Nieuwenhuizen, Kekana

The High Court struck an attorney from the roll after finding dishonesty, poor trust-account control, failure to account, and conveyancing work done without authority.

• Legal Practitioners Striking Off
• Misappropriation Of Trust Funds
• Dishonesty
• Conveyancing Without Authority
• Failure To Account
• Gross Negligence

South African Legal Practice Council v Ramdin (26408/2021)

South African Legal Practice Council v Ramdin (26408/2021) [2024] ZAGPPHC 633 (25 June 2024)

Court

North Gauteng High Court, Pretoria

Case number

26408/2021

Judges

Mooki, Matthys

The High Court struck an attorney off the roll after finding she misled clients, mishandled trust funds, failed to cooperate with the LPC, and was dishonest.

• Legal Practitioners Striking Off
• Trust Account Shortfall
• Dishonesty And Misconduct
• Failure To Cooperate With Regulator
• Fidelity Fund Certificate
• Legal Practice Act Section 43