South Africa Case Law

South African National Blood Service v National Education, Health and Allied Workers Union obo Mathobisa and Others (JR 654/2021)

South African National Blood Service v National Education, Health and Allied Workers Union obo Mathobisa and Others (JR 654/2021) [2023] ZALCJHB 151 (26 May 2023)

Court

Labour Court Johannesburg

Case number

JR 654/2021

Judge

A van Niekerk

The Labour Court refused condonation for a late leave-to-appeal application and dismissed the application, finding the delay unsatisfactorily explained and prospects weak.

• Condonation For Late Filing
• Leave To Appeal
• Review Of Arbitration Award
• Parity Principle
• Fair Dismissal
• Condonation-for-late-filing

Mncube and Another v Foskor (Pty) Ltd and Another (749/2021)

Mncube and Another v Foskor (Pty) Ltd and Another (749/2021) [2021] ZALCD 77 (8 December 2021)

Court

Labour Court Durban

Case number

749/2021

Judge

Hiralall AJ

The Labour Court dismissed an urgent bid to halt disciplinary proceedings pending review, finding no exceptional circumstances, urgency, or irreparable harm.

• Recusal Of Chairperson
• Urgent Interdict
• Disciplinary Proceedings
• Exceptional Circumstances
• Fair Dismissal
• Balance Of Convenience

National Union of Metalworkers of South Africa and Others v Assmang Machadodorp Chrome Works (Pty) Ltd (JS469/15)

National Union of Metalworkers of South Africa and Others v Assmang Machadodorp Chrome Works (Pty) Ltd (JS469/15) [2019] ZALCJHB 183; 2019 (2) SACR 505 (GJ) (31 July 2019)

Court

Labour Court Johannesburg

Case number

JS469/15

Judge

Tlhotlhalemaje

Labour Court upheld retrenchments under an agreed LIFO-plus-skills criterion and dismissed the employees’ claim with no costs.

• Retrenchment
• Selection Criteria
• Last In First Out
• Retention Of Skills
• Facilitation Agreement
• Fair Dismissal

Qubekela Projects CC v Mokoena and Others (JR2743/14, J2084/16)

Qubekela Projects CC v Mokoena and Others (JR2743/14, J2084/16) [2017] ZALCJHB 307 (25 August 2017)

Court

Labour Court Johannesburg

Case number

JR2743/14, J2084/16

Judge

Prinsloo

The Labour Court dismissed an application for leave to appeal, finding no reasonable prospects that another court would reach a different result.

• Leave To Appeal
• Arbitration Award Review
• Employee Status
• Fair Dismissal
• Leave-to-appeal
• Labour-court

NEHAWU obo Hoho v Commission for Conciliation, Mediation and Arbitration and Others (P 570/12)

NEHAWU obo Hoho v Commission for Conciliation, Mediation and Arbitration and Others (P 570/12) [2014] ZALCPE 33 (19 November 2014)

Court

Labour Court Port Elizabeth

Case number

P 570/12

Judge

Van Niekerk

The Labour Court found that the commissioner had misconceived the nature of the enquiry required by law by applying the reasonable employer test to the question of sanction. Instead of independently assessing what would constitute a fair sanction in the circumstances, the commissioner asked whether the employer's decision fell within a band of reasonable decisions. This approach was expressly rejected by the Constitutional Court in Sidumo, which requires commissioners to determine fairness based on the totality of circumstances without deference to the employer. The absence of a proper enquir…

Source excerpt

• Review Of Arbitration Award
• Reasonable Employer Test
• Fair Dismissal
• Gross Irregularity
• Sanction For Misconduct

National Union of Mineworkers and Others v Assmang Ltd (JS1117/09)

National Union of Mineworkers and Others v Assmang Ltd (JS1117/09) [2013] ZALCJHB 101 (19 April 2013)

Court

Labour Court Johannesburg

Case number

JS1117/09

Judge

AC Basson

The Labour Court held that the retrenchment dismissals were substantively fair, finding a valid economic rationale, fair alternatives process, and fair selection criteria.

• Retrenchment
• Operational Requirements
• Selection Criteria
• Salary Sacrifice Agreement
• Fair Dismissal
• Consultation Process

Oosthuizen v Telkom SA Ltd (PA5/04)

Oosthuizen v Telkom SA Ltd (PA5/04) [2007] ZALAC 6; [2007] 11 BLLR 1013 (LAC); (2007) 28 ILJ 2531 (LAC) (29 June 2007)

Court

Labour Appeal Court

Case number

PA5/04

Judges

Zondo JP, McCall AJA, Kruger AJA

The Labour Appeal Court found that Telkom failed to prove a fair reason for the appellant's dismissal. The evidence showed that the appellant, with 30 years of service and a clean record, applied for numerous vacancies but was not appointed, and Telkom did not provide reasons for its selection decisions or demonstrate that the selection criteria were fair and objective. The respondent did not adequately consult with the appellant or his union regarding alternatives to dismissal, nor did it show that dismissal was unavoidable. The court held that the retrenchment process lacked substantive fai…

Source excerpt

• Retrenchment
• Selection Criteria
• Operational Requirements
• Reinstatement
• Consultation
• Fair Dismissal

Oosthuizen v Telkom SA Ltd (PA5/04)

Oosthuizen v Telkom SA Ltd (PA5/04) [2007] ZALC 49 (29 June 2007)

Court

Labour Court

Case number

PA5/04

Judges

Zondo JP, McCall AJA, Kruger AJA

The Labour Appeal Court found that Telkom failed to prove a fair reason for the appellant's dismissal. The evidence showed that the appellant, with 30 years of service and a clean record, was dismissed while vacant positions existed for which he was qualified and had applied. Telkom did not provide adequate justification for not appointing the appellant to any of these positions, nor did it demonstrate that fair and objective selection criteria were applied. The respondent failed to consult meaningfully regarding alternatives to dismissal and did not comply with the requirements of section 18…

Source excerpt

• Retrenchment
• Selection Criteria
• Operational Requirements
• Fair Dismissal
• Reinstatement
• Consultation Process

National Union of Mineworkers v Harmony Gold Mining Company Ltd (J861/05)

National Union of Mineworkers v Harmony Gold Mining Company Ltd (J861/05) [2005] ZALC 73 (6 May 2005)

Court

Labour Court

Case number

J861/05

Judge

P Tlaletsi

The Labour Court granted urgent interim relief in a retrenchment dispute, ordering reinstatement pending a fair procedure and stopping further termination notices.

• Retrenchment Procedure
• Collective Agreements
• Consultation Requirements
• Facilitation Under Lra
• Urgent Interdict
• Fair Dismissal

Daimler Chrysler (SA) (Pty) Ltd v CCMA and Others (P698/2000)

Daimler Chrysler (SA) (Pty) Ltd v CCMA and Others (P698/2000) [2001] ZALC 149 (26 September 2001)

Court

Labour Court

Case number

P698/2000

Judge

A A Landman

The Labour Court reviewed a CCMA arbitration award on sanction, finding the commissioner had misapplied the onus and failed to assess the evidence holistically.

• Review Of Arbitration Award
• Evidentiary Onus
• Fair Dismissal
• Mitigating And Aggravating Factors
• Labour-law
• Ccma-review