South Africa Case Law

Le Franschhoek Hotel v Commission for Conciliation, Mediation and Arbitration and Others (C238/2022)

Le Franschhoek Hotel v Commission for Conciliation, Mediation and Arbitration and Others (C238/2022) [2025] ZALCJHB 84 (3 March 2025)

Court

Labour Court Johannesburg

Case number

C238/2022

Judge

Ford, AJ

Labour Court upheld a CCMA award finding the dismissal of an executive chef substantively unfair after a workplace fire led to incapacity and a disputed return-to-work refusal.

• Dismissal For Incapacity
• Workplace Injury
• Code Of Good Practice
• Compensation For Occupational Injuries
• Substantive Fairness
• Arbitration Review

Wentzel v South African Local Government Bargaining Council and Others (C584/2021)

Wentzel v South African Local Government Bargaining Council and Others (C584/2021) [2024] ZALCCT 27; (2024) 45 ILJ 2416 (LC) (18 July 2024)

Court

Labour Court Cape Town

Case number

C584/2021

Judge

R Lagrange

The Labour Court refused condonation for a review launched over seven months late, finding the explanation vague, unsupported and unacceptable.

• Condonation For Late Filing
• Dismissal For Incapacity
• Ill Health Incapacity
• Review Of Arbitration Award
• Condonation-for-late-filing
• Labour-review

Silver Solutions Security (Pty) Ltd v Saayman N.O ands Others (PR192/22)

Silver Solutions Security (Pty) Ltd v Saayman N.O ands Others (PR192/22) [2024] ZALCPE 31 (15 July 2024)

Court

Labour Court Port Elizabeth

Case number

PR192/22

Judge

Mark Thys

Review application dismissed: the employer failed to prove a fair basis for dismissal after access to the client site was revoked.

• Dismissal For Incapacity
• Supervening Impossibility
• Procedural Fairness
• Arbitration Review
• Termination Of Employment
• Labour-law

Epibiz (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (JR 616/18)

Epibiz (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (JR 616/18) [2023] ZALCJHB 207; (2023) 44 ILJ 2226 (LC); [2023] 11 BLLR 1188 (LC) (17 July 2023)

Court

Labour Court Johannesburg

Case number

JR 616/18

Judge

S Sethene

Labour Court upheld a review of a CCMA award, finding the arbitrator’s decision unreasonable and substituting a finding that the dismissal was fair.

• Dismissal For Incapacity
• Procedural Fairness
• Substantive Fairness
• Arbitration Review
• Medical Certificates
• Code Of Good Practice

Mthimunye v Nokonkoeng N.O and Another (JR2777/18)

Mthimunye v Nokonkoeng N.O and Another (JR2777/18) [2023] ZALCJHB 81 (24 March 2023)

Court

Labour Court Johannesburg

Case number

JR2777/18

Judge

A. Snider

Review application dismissed: the applicant failed to show reviewable irregularity in the arbitration of his dismissal for poor work performance.

• Review Of Arbitration Award
• Poor Work Performance
• Dismissal For Incapacity
• Condonation Application
• Labour-law
• Review-of-arbitration-award

Wilcocks v Khawula N.O and Others (D 2158/2018)

Wilcocks v Khawula N.O and Others (D 2158/2018) [2022] ZALCD 4 (1 March 2022)

Court

Labour Court Durban

Case number

D 2158/2018

Judge

Van Niekerk

Review of an incapacity dismissal award. The Labour Court held the arbitrator misdirected himself by treating medical boarding as discretionary and reinstated the applicant.

• Dismissal For Incapacity
• Procedural Fairness
• Substantive Fairness
• Medical Boarding
• Code Of Good Practice
• Remedies For Unfair Dismissal

Molehe v Public Health and Social Development Sectoral Bargaining Council and Others (167/2014)

Molehe v Public Health and Social Development Sectoral Bargaining Council and Others (167/2014) [2019] ZALCCT 19; 167/2014 (2 August 2019)

Court

Labour Court Cape Town

Case number

167/2014

Judge

Rabkin-Naicker

Labour Court review of a dismissal for incapacity after imprisonment was dismissed. The court held the dismissal substantively fair and ordered costs.

• Dismissal For Incapacity
• Procedural Fairness
• Substantive Fairness
• Criminal Vs Disciplinary Proceedings
• Dismissal-for-incapacity
• Procedural-fairness

General Motors South Africa (Pty) Ltd v National Union of Metalworkers of South Africa and Others (PR206/2016)

General Motors South Africa (Pty) Ltd v National Union of Metalworkers of South Africa and Others (PR206/2016) [2018] ZALCJHB 183 (6 April 2018)

Court

Labour Court Johannesburg

Case number

PR 206/2016

Judge

Van Niekerk

The Labour Court dismissed leave to appeal, holding that the collective agreement allowed dismissal for persistent ill-health absence and that no legal error was shown.

• Dismissal For Incapacity
• Collective Agreement Interpretation
• Review Of Arbitration Award
• Dismissal-for-incapacity
• Collective-agreement-interpretation
• Review-of-arbitration-award

Exarro Coal (Pty) Ltd t/a Grootgeluk Coal Mine v Maduma and Others (JR1524/2015)

Exarro Coal (Pty) Ltd t/a Grootgeluk Coal Mine v Maduma and Others (JR1524/2015) [2017] ZALCJHB 348; (2017) 38 ILJ 2531 (LC) (29 September 2017)

Court

Labour Court Johannesburg

Case number

JR1524/2015

Judge

Lagrange

The court found that the employer failed to conduct a thorough medical investigation into the nature and permanence of Maduma's incapacity before proceeding with dismissal. The employer placed the onus on Maduma to obtain a final diagnosis, knowing he lacked the means to do so, and did not offer to assist or pay for necessary tests. The incapacity proceedings were not sufficiently thorough, and alternative positions were not properly explored or discussed. Although Maduma was incapacitated at the time of dismissal and no suitable alternative position was available within the applicant's busin…

Source excerpt

• Dismissal For Incapacity
• Procedural Fairness
• Substantive Fairness
• Reasonable Accommodation
• Medical Investigation
• Remedies For Unfair Dismissal

Wesbank A division of Firstrand Bank Limited v Commission for Conciliation, Mediation and Arbitration (CCMA) and Others (JR686/14)

Wesbank A division of Firstrand Bank Limited v Commission for Conciliation, Mediation and Arbitration (CCMA) and Others (JR686/14) [2017] ZALCJHB 244 (27 June 2017)

Court

Labour Court Johannesburg

Case number

JR686/14

Judge

Prinsloo

The Labour Court reviewed a CCMA award, held the arbitrator misconceived the issues, and substituted a finding that Ms Kwape’s dismissal for incapacity was substantively fair.

• Dismissal For Incapacity
• Substantive Fairness
• Procedural Fairness
• Code Of Good Practice Dismissal
• Arbitration Review
• Reinstatement