South Africa Case Law

East Rand Plastics (Proprietary) Limited v National Union of Metalworkers of South Africa obo Mabena (JR1400/22)

East Rand Plastics (Proprietary) Limited v National Union of Metalworkers of South Africa obo Mabena (JR1400/22) [2025] ZALCJHB 345 (8 August 2025)

Court

Labour Court Johannesburg

Case number

JR1400/22

Judge

Anestidis

Review of labour arbitration award involving alleged falsification of quality records. Court found the arbitrator misconceived the enquiry and upheld dismissal.

• Review Of Arbitration Award
• Substantive Fairness Of Dismissal
• Dishonesty In Employment
• Falsification Of Records
• Procedural Fairness
• Onus Of Proof

Solomons v Commission for Conciliation Mediation and Arbitration (CCMA) (C401/2024)

Solomons v Commission for Conciliation Mediation and Arbitration (CCMA) (C401/2024) [2025] ZALCCT 62 (7 August 2025)

Court

Labour Court Cape Town

Case number

C401/2024

Judge

T Du Preez

The Labour Court dismissed a review of a CCMA arbitration award upholding a dismissal for dishonesty in recording incomplete cooler services as complete.

• Unfair Dismissal
• Dishonesty In Employment
• Review Of Arbitration Award
• Incentive Scheme Misconduct
• Labour-law
• Unfair-dismissal

Khumalo v Commission for Conciliation, Mediation and Arbitration (JR2680/22)

Khumalo v Commission for Conciliation, Mediation and Arbitration (JR2680/22) [2025] ZALCJHB 245 (25 June 2025)

Court

Labour Court Johannesburg

Case number

JR2680/22

Judge

N Tshisevhe

The Labour Court granted condonation for a late review, but dismissed the review, finding the CCMA award upholding the dismissal was reasonable.

• Condonation
• Review Of Arbitration Award
• Dishonesty In Employment
• Dismissal For Misconduct
• Procedural Fairness
• Review-of-arbitration-award

Ngubo v South African Broadcasting Corporation and Others (Leave to Appeal) (JR2106/21)

Ngubo v South African Broadcasting Corporation and Others (Leave to Appeal) (JR2106/21) [2025] ZALCJHB 14 (20 January 2025)

Court

Labour Court Johannesburg

Case number

JR2106/21

Judge

M Meyerowitz

Leave to appeal was dismissed with costs after the court found no reasonable prospects of success and upheld the earlier findings on dishonesty and dismissal.

• Dishonesty In Employment
• Burden Of Proof
• Dismissal For Misconduct
• Costs In Labour Matters
• Labour-law
• Dismissal-for-misconduct

South African Breweries (Pty) Ltd v Commission For Conciliation, Mediation and Arbitration and Others (JR1584/21)

South African Breweries (Pty) Ltd v Commission For Conciliation, Mediation and Arbitration and Others (JR1584/21) [2024] ZALCJHB 383; (2025) 46 ILJ 184 (LC) (4 October 2024)

Court

Labour Court Johannesburg

Case number

JR1584/21

Judge

Y Peer

The Labour Court set aside a CCMA award and held that SAB’s dismissal of an employee who drove drunk and misled the employer was fair.

• Unfair Dismissal
• Misconduct
• Dishonesty In Employment
• Progressive Discipline
• Sanction Of Dismissal
• Labour-law

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

Seriti Power (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration (JR1617/22)

Seriti Power (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration (JR1617/22) [2024] ZALCJHB 167 (16 April 2024)

Court

Labour Court Johannesburg

Case number

JR1617/22

Judge

Norton

The Labour Court reviewed and set aside a CCMA award, finding the commissioner unreasonably assessed evidence on alleged procurement dishonesty and upheld the dismissal.

• Unfair Dismissal
• Review Of Arbitration Award
• Dishonesty In Employment
• Breach Of Procurement Policy
• Unfair-dismissal
• Review-of-arbitration-award

Penbro Kelnick (Pty) Ltd v Commission for Conciliation Mediation and Arbitration and Others (JR2118/2021)

Penbro Kelnick (Pty) Ltd v Commission for Conciliation Mediation and Arbitration and Others (JR2118/2021) [2024] ZALCJHB 163; [2024] 7 BLLR 759 (LC) (10 April 2024)

Court

Labour Court Johannesburg

Case number

JR2118/2021

Judge

Tlhotlhalemaje

The Labour Court found that the Commissioner’s decision to reinstate Mr Ramphabana was reasonable and fell within the permissible band of decisions. The evidence established that the employer’s initial response to the mask infraction was a final written warning, consistent with its approach to similar offences. The subsequent dismissal, motivated by dissatisfaction with Ramphabana’s explanation and managerial outrage, was not a fair or proportionate operational response. The Commissioner correctly found that the employer failed to prove dishonesty and that the sanction of dismissal was excess…

Source excerpt

• Unfair Dismissal
• Covid 19 Workplace Safety
• Dishonesty In Employment
• Disciplinary Procedure
• Representation At Arbitration

Hollywood Sportsbrook Gauteng v Commission for Conciliation Mediation and Arbitration and Others (JR2519/21)

Hollywood Sportsbrook Gauteng v Commission for Conciliation Mediation and Arbitration and Others (JR2519/21) [2024] ZALCJHB 146 (7 April 2024)

Court

Labour Court Johannesburg

Case number

JR2519/21

Judge

MI Savant

Labour Court review of a CCMA award involving credit bets held that the employee was an accomplice in dishonest workplace misconduct and dismissal was fair.

• Unfair Dismissal
• Derivative Misconduct
• Dishonesty In Employment
• Accomplice Liability
• Review Of Arbitration Award
• Unfair-dismissal

Sibanye Gold Limited v Commission for Conciliation Mediation and Arbitration and Others (JR1877/21)

Sibanye Gold Limited v Commission for Conciliation Mediation and Arbitration and Others (JR1877/21) [2024] ZALCJHB 299 (5 April 2024)

Court

Labour Court Johannesburg

Case number

JR1877/21

Judge

L Schäfer-King

Labour Court review of a CCMA award on alleged dishonesty in failing to submit leave forms; review dismissed and the unfair dismissal finding stood.

• Unfair Dismissal
• Review Of Arbitration Award
• Dishonesty In Employment
• Compensation For Unfair Dismissal
• Unfair-dismissal
• Ccma-review