South Africa Case Law

Department of Education Northern Cape Province v Crow and Others (C302/2023)

Department of Education Northern Cape Province v Crow and Others (C302/2023) [2025] ZALCCT 58 (23 July 2025)

Court

Labour Court Cape Town

Case number

C302/2023

Judge

Stelzner

The Labour Court held that the ELRC had jurisdiction to arbitrate the promotion dispute, as confirmed by recent Labour Appeal Court authority and the binding collective agreement governing promotion arbitrations in the education sector. The arbitrator's award was not unreasonable; the respondent established a prima facie case of unfairness by showing he was recommended by the SGB and scored highest, yet was overlooked without written reasons or direct evidence from the HOD. The employer failed to rebut the inference of unfairness, and the absence of written reasons and the HOD's failure to te…

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• Unfair Labour Practice
• Promotion Dispute
• Collective Agreement
• Arbitration Review
• Employment Equity
• Remedies For Unfair Promotion

Solidarity obo Burger v South African Police Service and Others (C242/2023)

Solidarity obo Burger v South African Police Service and Others (C242/2023) [2025] ZALCCT 51 (9 July 2025)

Court

Labour Court Cape Town

Case number

C242/2023

Judge

C de Kock

Review of a promotion arbitration award dismissed. The Labour Court held the arbitrator’s decision was reasonable and supported by evidence, and the equity-based appointment was rational.

• Unfair Labour Practice
• Employment Equity
• Promotion Disputes
• Arbitration Review
• Reasonableness Standard
• Labour-law

Naude and Others v Office of Chief Justice and Another (2024/150037)

Naude and Others v Office of Chief Justice and Another (2024/150037) [2025] ZALCD 23 (21 January 2025)

Court

Labour Court Durban

Case number

2024/150037

Judge

Whitcher

The Labour Court granted urgent interim relief to nine Judges’ Secretaries, extending their contracts pending arbitration over non-renewal and reasonable expectation.

• Fixed Term Contracts
• Reasonable Expectation Of Renewal
• Urgent Interim Relief
• Unfair Labour Practice
• Employment Equity
• Jurisdiction Of Labour Court

Naude and Others v Office of the Chief Justice and Another (2024-150037)

Naude and Others v Office of the Chief Justice and Another (2024-150037) [2025] ZALCCT 6 (21 January 2025)

Court

Labour Court Cape Town

Case number

2024-150037

Judge

Whitcher

The Labour Court granted urgent interim relief extending fixed-term contracts pending arbitration, finding strong grounds tied to repeated renewals and reasonable expectation.

• Fixed Term Contracts
• Reasonable Expectation Of Renewal
• Unfair Labour Practice
• Urgent Interim Relief
• Employment Equity
• Jurisdiction

Adam v Patels Petroleum Distributors (D640/2021)

Adam v Patels Petroleum Distributors (D640/2021) [2024] ZALCD 37 (14 October 2024)

Court

Labour Court Durban

Case number

D640/2021

Judge

Allen-Yaman

The applicant failed to establish prospects of success in his claims. His claim under the Employment Equity Act was not competent as the alleged discrimination related to dismissal, which must be adjudicated under the Labour Relations Act. The Labour Court lacked jurisdiction to determine his claim for unfair dismissal based on conduct or capacity, as such disputes must be arbitrated by the CCMA. The applicant's claim for automatically unfair dismissal under section 187(1)(f) of the LRA could not succeed, as the respondent was entitled to retire him at any time after he reached the normal ret…

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• Condonation
• Automatic Unfair Dismissal
• Retirement Age
• Waiver
• Employment Equity
• Jurisdiction

Head of Department: Free State Provincial Treasury v Member of the Executive Council for Finance (MEC): Free State Provincial Government and Others (990.2024)

Head of Department: Free State Provincial Treasury v Member of the Executive Council for Finance (MEC): Free State Provincial Government and Others (990.2024) [2024] ZAFSHC 88 (19 March 2024)

Court

Free State High Court, Bloemfontein

Case number

990/2024

Judge

J J F Hefer

The applicant failed to satisfy the requirements for an interim interdict. Although urgency was accepted, the court found that the applicant had not demonstrated irreparable harm or the absence of alternative remedies. The declaration that the recruitment process was flawed had already been made and could not be interdicted retrospectively. Any potential disciplinary action would afford the applicant an opportunity to present her case, and the review proceedings constituted an adequate remedy. The harm alleged by the applicant was not imminent or irreparable, and the relief sought would not a…

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• Interim Interdict
• Review Of Administrative Action
• Employment Equity
• Disciplinary Proceedings
• Promotion Of Administrative Justice Act
• Public Service Commission Investigation

Legodi v Capricorn District Municipality and Another (2974/2018)

Legodi v Capricorn District Municipality and Another (2974/2018) [2023] ZALMPPHC 94 (9 October 2023)

Court

Limpopo High Court, Polokwane

Case number

2974/2018

Judge

Bresler

The High Court granted condonation but dismissed a review of a municipal appointment, holding that the municipal manager retained discretion and was not bound by the interview panel.

• Promotion Of Administrative Justice Act
• Municipal Staff Appointments
• Judicial Review
• Condonation
• Employment Equity
• Reasonableness Of Administrative Action

Shukla v Ethekwini Municipality Revenue Management and Others (D1833/2018)

Shukla v Ethekwini Municipality Revenue Management and Others (D1833/2018) [2022] ZALCD 51 (21 November 2022)

Court

Labour Court Durban

Case number

D1833/2018

Judge

N Govender

The Labour Court found that the Commissioner committed a gross irregularity by failing to require the employer to provide cogent evidence explaining the City Manager's decision to change the selection panel's recommendation and appoint Mkhize instead of Shukla. The City Manager did not testify, and no documentary reasons were presented to justify the deviation from the panel's recommendation or the rejection of the motivations supporting Shukla. The evidence of HR officials was insufficient and lacked probative value, as they were not the decision makers. The instruction to the panel to alter…

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• Unfair Labour Practice
• Protected Promotion
• Employment Equity
• Municipal Systems Act
• Arbitration Review
• Selection And Appointment

Engelbrecht v Department of Correctional Services and Others (CA 11/20)

Engelbrecht v Department of Correctional Services and Others (CA 11/20) [2022] ZALAC 105; [2023] 1 BLLR 12 (LAC) (15 September 2022)

Court

Labour Appeal Court

Case number

CA 11/20

Judges

Waglay, Sutherland, Kathree-Setiloane

The Labour Appeal Court dismissed an appeal alleging racial discrimination and nepotism in promotion decisions at Correctional Services, finding the evidence was only suspicious.

• Employment Equity
• Promotion Disputes
• Racial Discrimination
• Burden Of Proof
• Internal Vs External Recruitment
• Employment-equity

Nomtshongwana v Commission for Conciliation, Mediation and Arbitration and Others (JR 590/20)

Nomtshongwana v Commission for Conciliation, Mediation and Arbitration and Others (JR 590/20) [2022] ZALCJHB 254 (12 September 2022)

Court

Labour Court Johannesburg

Case number

JR 590/20

Judge

Mahosi

Review of a CCMA promotion dispute dismissed; the court held the commissioner’s award was reasonable and unsupported review grounds failed.

• Unfair Labour Practice
• Promotion Dispute
• Employment Equity
• Arbitration Review
• Recruitment Policy
• Promotion-dispute