South Africa Case Law

SASBO Finance Union obo Steenkamp v African Bank Ltd and Others (JR1803/20)

SASBO Finance Union obo Steenkamp v African Bank Ltd and Others (JR1803/20) [2025] ZALCJHB 35 (30 May 2025)

Court

Labour Court Johannesburg

Case number

JR1803/20

Judge

T Govender

The Court found that the applicant failed to establish reasonable prospects of success for leave to appeal. The alleged factual errors were not substantiated, and the Court had properly analysed the automatic renewal of the contract, noting the applicant's own concession that the contract was not automatically renewed. The grounds advanced amounted to disagreement with the Court's findings rather than demonstrating a rational basis for a different outcome. The threshold for granting leave to appeal, as set out in section 17(1) of the Superior Courts Act, was not met. Accordingly, the applicat…

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• Leave To Appeal
• Automatic Renewal Of Contract
• Assessment Of Affidavits
• Employment Relationship
• Review Application

Backsports (Pty) Ltd v Motlhanke and Another (Application for Leave to Appeal) (2025/009346)

Backsports (Pty) Ltd v Motlhanke and Another (Application for Leave to Appeal) (2025/009346) [2025] ZALCJHB 118 (28 March 2025)

Court

Labour Court Johannesburg

Case number

2025/009346

Judge

M Makhura

The Labour Court dismissed an unopposed application for leave to appeal after finding no reasonable prospects of success in a restraint-of-trade dispute.

• Restraint Of Trade
• Protectable Interest
• Leave To Appeal
• Jurisdiction
• Employment Relationship
• Leave-to-appeal

Lekwa-Teemane Local Municipality v H.B obo B.B and Another (502/20)

Lekwa-Teemane Local Municipality v H.B obo B.B and Another (502/20) [2025] ZANWHC 15 (29 January 2025)

Court

North West High Court, Mafikeng

Case number

502/20

Judge

WESSELS

The High Court granted leave to amend a plea under Rule 28, finding no prejudice to the respondent and ordering the applicant to pay costs.

• Amendment Of Pleadings
• Rule 28 Uniform Rules
• Vicarious Liability
• Employment Relationship
• Costs Orders
• Amendment-of-pleadings

Mahlakoana v Commission For Conciliation, Mediation and Arbitration and Others (JR1803/20)

Mahlakoana v Commission For Conciliation, Mediation and Arbitration and Others (JR1803/20) [2025] ZALCJHB 18 (15 January 2025)

Court

Labour Court Johannesburg

Case number

JR1803/20

Judge

T Govender

The court found that the applicant failed to demonstrate reasonable prospects of success on appeal. The grounds advanced were either unsupported or amounted to mere disagreement with the findings of the court. The issue of automatic renewal of the contract was thoroughly analysed, and the applicant conceded that the contract was not automatically renewed. The alleged misdirection in assessing affidavits was unsubstantiated. Considering the totality of the evidence and the judgment, there was no rational basis to conclude that another court would reach a different conclusion. Accordingly, the…

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• Leave To Appeal
• Automatic Renewal Of Contract
• Assessment Of Affidavits
• Employment Relationship
• Review Application

Couto v Commission for Conciliation, Mediation and Arbitration and Others (JR2442/23)

Couto v Commission for Conciliation, Mediation and Arbitration and Others (JR2442/23) [2025] ZALCJHB 24 (9 January 2025)

Court

Labour Court Johannesburg

Case number

JR2442/23

Judge

B Ramji

The Labour Court found that the postponement application by the third respondent was dismissed due to lack of diligence and failure to properly apply for postponement. The arbitration award was reviewed and set aside because the Commissioner applied the incorrect legal test for employment status, ignored relevant evidence, and relied on irrelevant factors such as the absence of a signed contract and the issuance of invoices. The Court determined that the substance of the relationship between Mr Couto and the company was that of employment, based on the written contract, company policies, leav…

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• Employment Relationship
• Jurisdiction Of Ccma
• Unfair Dismissal
• Contract Of Employment
• Review Of Arbitration Award

Greyling v Meiring and Another (59852/2021)

Greyling v Meiring and Another (59852/2021) [2024] ZAGPPHC 929 (17 September 2024)

Court

North Gauteng High Court, Pretoria

Case number

59852/2021

Judge

Collis

The Court found that the Plaintiff had discharged her onus in respect of all three claims. The Defendants admitted the loan but failed to prove any agreement for set-off of rental or legal costs, and no counterclaim for rental was instituted. The Plaintiff's evidence regarding the wedding expenses was accepted as more probable, and the First Defendant's contradictory versions were unsupported by documentary evidence. The employment claim was substantiated by the Plaintiff's testimony and documentary evidence, while the Defendants' denial was inconsistent with their own correspondence. The Cou…

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• Verbal Contract
• Loan Repayment
• Set Off
• Wedding Expenses
• Employment Relationship
• Costs Award

Heidelberg Cash and Carry v Sehunane NO and Another (JR100/24)

Heidelberg Cash and Carry v Sehunane NO and Another (JR100/24) [2024] ZALCJHB 366 (23 August 2024)

Court

Labour Court Johannesburg

Case number

JR100/24

Judge

M Makhura

The court found that the commissioner correctly determined that the second respondent was employed by the applicant and was dismissed on 30 August 2023. The applicant's argument that the employee was a volunteer was unsupported by evidence, and the facts established an employment relationship. The dismissal was both procedurally and substantively unfair, as the applicant failed to justify the termination and did not follow any procedure. The compensation awarded was within the statutory cap and properly considered the circumstances of the dismissal. The review grounds advanced by the applican…

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• Unfair Dismissal
• Review Of Arbitration Award
• Condonation Of Late Filing
• Employment Relationship
• Compensation For Unfair Dismissal

Beyer and Others v Alleyroads Construction (Pty) Ltd (JS 1542 / 2019)

Beyer and Others v Alleyroads Construction (Pty) Ltd (JS 1542 / 2019) [2023] ZALCJHB 338 (29 November 2023)

Court

Labour Court Johannesburg

Case number

JS 1542 / 2019

Judge

Prinsloo

The Labour Court dismissed a jurisdictional point in limine, finding that two applicants did not sign consultancy agreements and a third signed under duress.

• Unfair Dismissal
• Employment Relationship
• Duress In Contract
• Retrenchment
• Basic Conditions Of Employment
• Jurisdictional Point

H & H Specialized Services (Pty) Ltd v Bezuidenhout and Others (J318/21)

H & H Specialized Services (Pty) Ltd v Bezuidenhout and Others (J318/21) [2023] ZALCJHB 333 (22 November 2023)

Court

Labour Court Johannesburg

Case number

J318/21

Judge

N Motshegare

The writ of execution was set aside because it was issued for an amount inclusive of VAT, based on an invoice, rather than for remuneration as ordered by the Consented Order. The Consented Order required payment of remuneration for the suspension period, which, in the context of an employment relationship, obliged the applicant to deduct employee's tax before payment. The respondent's refusal to provide tax information prevented the applicant from complying with the order. The writ was therefore not in conformity with the judgment and could not be enforced as issued. The applicant's obligatio…

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• Writ Of Execution
• Remuneration
• Tax Deduction
• Employment Relationship
• Stay Of Execution

De Klerk v NUFAWSA (JS1029/20)

De Klerk v NUFAWSA (JS1029/20) [2023] ZALCJHB 140 (12 May 2023)

Court

Labour Court Johannesburg

Case number

JS1029/20

Judge

M Makhura

The Labour Court granted absolution from the instance after finding the applicant had not shown he was an employee or made out a prima facie unfair dismissal or payment claim.

• Employment Relationship
• Automatically Unfair Dismissal
• Absolution From Instance
• Leave Pay Claim
• Honorarium Claim
• Absolution-from-the-instance