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South Africa decisions
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Fihlani v Port St Johns Local Municipality and Others (1046/2025) [2025] ZAECMHC 66 (8 July 2025)
The High Court held that the municipality unlawfully extended a municipal manager’s precautionary suspension and dismissed its constitutional challenge to the regulation.
Shiundlana v Ashley and Another (072432/2023) [2024] ZAGPJHC 821 (27 August 2024)
The court found that Absa Bank Limited was contractually entitled to conduct a post-termination REDS enquiry and list the applicant on the REDS database, even though the disciplinary proceedings were not completed due to the applicant's resignation. The REDS guidelines and the applicant's employment contract expressly provided for such a process. The applicant's argument that resignation precluded listing was rejected, as the guidelines contemplate post-termination enquiries in such circumstances. Furthermore, the applicant failed to plead any legal basis for review, and Absa's decision did n…
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Nyokana v Metal Industries Benefit Funds Administrators (JS824/22) [2024] ZALCJHB 261 (28 June 2024)
The court held that the applicant's statement of claim, read as a whole, sufficiently pleads reliance on section 40 of the BCEA and the alleged entitlement to payment for 70 days of accrued leave. The respondent is not prejudiced or unable to plead or prepare for trial, given the opportunities for further particulars and pre-trial procedures. The court rejected the respondent's attempt to import requirements from the Uniform Rules of Court and found that the Labour Court Rules differ in their approach. The respondent's objections regarding vagueness, calculation of leave, and reliance on the…
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Redelinghuys v Adapt IT (Pty) Ltd (C199/2019) [2023] ZALCCT 10; [2023] 7 BLLR 678 (LC); (2023) 44 ILJ 1590 (LC) (27 March 2023)
The Labour Court held that the former employee earned commission on deals concluded before leaving, even though payment became due after termination.
Solidarity obo Swart v Kulisile Civil Works Joint Venture and Others (JR452/19) [2022] ZALCJHB 298 (26 October 2022)
The Labour Court granted condonation for a late leave-to-appeal application, but dismissed it because the applicant showed no reasonable prospects of success.
Solidarity obo Strydom & 5 Others v State Information Technology Agency SOC Ltd (C 148/18; JS 49/18; JS 67/18 JS 68/18; JS 338/18; JS 195/18) [2022] ZALCJHB 95; (2022) 43 ILJ 1881 (LC); [2022] 9 BLLR 843 (LC) (9 May 2022)
Labour Court held that SITA fairly retired employees who had reached the normal retirement age of 60. No written agreement extended employment to 67.
Dukiso v King Sabata Dalindyebo Local Municipality (K.S.D) and Others (2056/2022) [2022] ZAECMHC 8 (19 April 2022)
The High Court ordered reinstatement of a municipal employee’s salary, holding that the employer could not stop pay without notice, consultation, or proper process.
Fly v King Sabata Dalindyebo Local Municipality (KSD) (855/2020) [2021] ZAECMHC 12 (24 February 2021)
The court found that the applicant failed to establish a cause of action in her founding affidavit for the relief sought. The employment agreement did not create enforceable rights to overtime, night work, Sunday work, public holiday work, or rental allowances under the circumstances, as the applicant was placed on light duty due to her medical condition. The respondent's version, supported by affidavits, raised a real and bona fide dispute of fact, which the applicant did not seek to resolve by referral to oral evidence. The statutory grounds relied upon were imprecisely formulated and unenf…
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Antonio v Commission for Conciliation, Mediation and Arbitration and Others (JR1110/15) [2018] ZALCJHB 351 (30 October 2018)
The Labour Court dismissed a review of a CCMA ruling, holding that the CCMA lacked jurisdiction over an employment dispute tied to an Angolan branch.
Theunissen v Legal Aid South Africa (C279/2017) [2018] ZALCCT 22 (20 June 2018)
The court found that the applicant's contract of employment incorporated the 2007 Manual, which set the retirement age at 65. The savings clause in the 2009 and 2015 policies preserved the right to retire at 65 for employees whose contracts expressly provided for it. The court interpreted 'individual contracts of employment' to include the applicant's contract, rejecting the respondent's narrow interpretation. The respondent's unilateral change of retirement age and termination of employment at age 60 constituted a breach of contract. The applicant was entitled to specific performance and rei…
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