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South Africa decisions
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Khumalo v Commission for Conciliation, Mediation and Arbitration (JR2680/22) [2025] ZALCJHB 245 (25 June 2025)
The Labour Court granted condonation for a late review, but dismissed the review, finding the CCMA award upholding the dismissal was reasonable.
Shave and Gibson Packaging (Pty) Ltd v African Meat Industry and Allied Trade Union and Another (DA21/23) [2025] ZALAC 31; [2025] 8 BLLR 819 (LAC); (2025) 46 ILJ 1923 (LAC) (28 May 2025)
The Labour Appeal Court held that the dismissal of identified employees who deliberately and persistently breached the picketing rules and the court order by picketing outside the demarcated area was substantively fair. The misconduct was flagrant, protracted, and amounted to gross insubordination, justifying dismissal. The employees were aware of the rules and the order, and their conduct undermined the authority of the court and the employer’s operational requirements. In contrast, the dismissal of unidentified employees, who were not proven to have breached the picketing rules or the order…
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Bhele v Super Squad Trading (Pty) Ltd (C266/19) [2025] ZALCCT 32 (19 May 2025)
The Labour Court dismissed a review of an arbitration award confirming dismissal for alleged incitement to engage a truck handbrake during a phone call.
Ngomane v National Bargaining Council for Road Freight and Logistics Industry (JR1670/21) [2025] ZALCJHB 175 (2 May 2025)
The Labour Court dismissed a review of an arbitration award upholding a dismissal, finding the commissioner’s credibility and probability findings reasonable.
MEC Dept Of Health v Public Health Social Development Sectoral Bargaining Council and Others (C761/2021) [2025] ZALCCT 20; [2025] 6 BLLR 618 (LC); (2025) 46 ILJ 1391 (LC) (2 April 2025)
The Labour Court set aside an arbitration award after finding a doctor’s dismissal for attending work intoxicated was substantively and procedurally fair.
Sibanye Gold Protection Service Ltd v Commission for Conciliation, Mediation and Arbitration and Others (JR 637/23) [2025] ZALCJHB 130 (27 March 2025)
The court found that the arbitrator failed to properly weigh the credibility and probabilities of the conflicting versions presented by the supervisor and the employee. The arbitrator discounted the supervisor's testimony solely due to lack of clear photographic corroboration, while accepting the employee's version without similar scrutiny. The court held that the arbitrator's reasoning was materially flawed and that, had the probabilities and inherent plausibility of each version been properly evaluated, no reasonable arbitrator could have concluded that the employee was not guilty of sleepi…
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NUMSA obo Dismissed Employees Listed in Annexure "A" v M and S Corrosion Sasolburg (Pty) Ltd (J507/2022) [2025] ZALCJHB 28 (24 January 2025)
The court found that the respondent issued a verbal ultimatum to the shop stewards, who conveyed it to the applicants, warning them that participation in the unprotected strike would result in disciplinary action and possible dismissal. The applicants were given sufficient time to reflect on their decision and knowingly chose to proceed with the illegal strike. The evidence showed that the applicants were aware of the consequences and that the respondent followed fair procedure. The seriousness of the misconduct, the prior warnings, and the applicants' refusal to heed the ultimatum justified…
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Ngubo v South African Broadcasting Corporation and Others (Leave to Appeal) (JR2106/21) [2025] ZALCJHB 14 (20 January 2025)
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.
National Union of Metalworkers of South Africa obo Members v PM Manufacturing CC (JS146/20) [2024] ZALCJHB 474 (26 November 2024)
Labour Court held that dismissals for participation in an unprotected strike were procedurally and substantively fair after ignored ultimatums and refusal to return to work.
Mbeje and Others v Department of Health Kwazulu-Natal and Others (DA33/2022) [2024] ZALAC 38; [2024] 11 BLLR 1111 (LAC); 2024) 45 ILJ 2681 (LAC) (22 August 2024)
The Labour Appeal Court held that the pre-arbitration minute bound the parties to the sanction issue only and dismissed the appeal against the review outcome.
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