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South Africa decisions
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Solidarity obo Pretorius v Sizwe Sechaba Holdings (Pty) Ltd and Others (JS205/19) [2025] ZALCJHB 277 (7 May 2025)
The Labour Court dismissed Solidarity’s joinder application, holding that the second and third respondents had no direct and substantial interest and that the claim was prescribed.
Sun International Management Limited (t/a Wild Coast Sun) v Powell and Others (DA12/2023) [2025] ZALAC 20; [2025] 6 BLLR 581 (LAC) (20 March 2025)
The Labour Appeal Court held that Mr Powell was an independent contractor, not an employee, so the CCMA lacked jurisdiction and the review succeeded.
National Health and Allied Workers Union obo Members v Bracks N.O and Others (JR1452/2021) [2025] ZALCJHB 27; (2025) 46 ILJ 1222 (LC) (23 January 2025)
The Labour Court reviewed an arbitration award and held that Section 198B of the LRA applies to CHW contracts, which were deemed indefinite.
Sibiloane v POPCRU (J1314/22) [2024] ZALCJHB 372 (18 September 2024)
The Labour Court postponed an urgent application sine die because the papers were incomplete and the matter was not ripe for hearing.
Isimangaliso Wetland Park Authority v Sibiya and Others (16706/2022P) [2024] ZAKZPHC 4 (30 January 2024)
The court found that the applicant's delay in bringing the self-review application exceeded four years and eight months and was not adequately explained in either the founding or replying affidavits. The explanation provided was vague, incomplete, and failed to account for the entire period of delay. The court held that the delay was unreasonable and prejudicial to the respondents, offending the principle of finality. On the merits, the court determined that the World Heritage Convention Act and its Regulations, as published in the Government Gazette, permit permanent appointments to the Exec…
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Razzmatazz Trading & Investments 19 (Pty) Ltd v Kruger and Others (JR1149/16) [2023] ZALCJHB 198 (26 June 2023)
The Labour Court found that the Commissioner acted within his discretion and complied with the CCMA Rules by disposing of the rescission application on the papers after providing the parties with an opportunity to make submissions. The applicant failed to demonstrate good cause for rescission, as its explanation for default was unreasonable and evinced wilfulness. The applicant’s affidavits contained contradictory versions regarding Kruger’s employment status, undermining its bona fide defence. The Commissioner’s findings were reasonable and supported by the evidence, and there was no basis f…
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Goliath v SA Broadcasting Corporation SOC Ltd and Others (C581/2019) [2022] ZALCCT 10; (2023) 44 ILJ 185 (LC) (20 September 2022)
Labour Court review dismissed: a radio presenter for SABC was found to be an independent contractor, so the CCMA lacked jurisdiction over the unfair dismissal dispute.
Baloyi and Others v Passenger Rail Agency of South Africa (J158/21) [2021] ZALCJHB 26 (3 March 2021)
The court found that the urgency claimed by the applicants was self-created. The applicants became aware of the advertisement for the security personnel posts on 13 November 2020 and sought an undertaking from the first respondent before 19 November 2020. When the undertaking was not furnished, instead of bringing an urgent application, they engaged in further attempts to resolve the matter internally, resulting in a delay of more than two months before launching the application. The court held that the reasons for the delay were not reasonable, especially as the applicants were legally repre…
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Beautement v Propnu t/a Properteam Rental and Another (A3010/17) [2020] ZAGPJHC 365 (9 October 2020)
The appeal court found that the second respondent acted recklessly and fraudulently in her management of the first respondent, particularly in backdating the independent contractor agreement and misrepresenting the liability for Skills Development Levy. The evidence showed that the appellant was an employee of the first respondent, as confirmed by IRP5 documents and the CCMA award. The backdating of the contract and the misleading statements regarding SDL were intended to avoid legal obligations and defraud SARS. The first respondent ceased operations shortly after the CCMA award, and there w…
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Mncedane v Maziya General Service and Others (JR 1115/19) [2020] ZALCJHB 142; (2021) 42 ILJ 150 (LC) (17 August 2020)
The Labour Court dismissed a review of a CCMA jurisdiction ruling, finding the applicant’s project-based fixed-term employment ended automatically and no dismissal occurred.
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