South Africa Case Law

Gibela Rail Transport Consortium Rf Pty (Ltd) v NUMSA obo Dube and Others (JR1558/2022)

Gibela Rail Transport Consortium Rf Pty (Ltd) v NUMSA obo Dube and Others (JR1558/2022) [2025] ZALCJHB 301 (28 July 2025)

Court

Labour Court Johannesburg

Case number

JR1558/2022

Judge

Lagrange

The court found that the arbitrator erred in interpreting the disciplinary code as recommending a final written warning for unauthorized use of a company vehicle, when it actually prescribed dismissal. However, the court held that this error was not material enough to render the award unreasonable, as the evidence did not establish that the employment relationship was irreparably damaged or that dismissal was the only appropriate sanction. The arbitrator's failure to impose a final written warning was unjustified, but her finding that Dube was not guilty of providing false or misleading infor…

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• Unfair Dismissal
• Review Of Arbitration Award
• Disciplinary Code Interpretation
• Sanction Appropriateness
• Misconduct
• Final Written Warning

Sibanye Gold Limited t/a Sibanye Still Water v Commission for Conciliation, Mediation and Arbitration and Others (JR 1898/2020)

Sibanye Gold Limited t/a Sibanye Still Water v Commission for Conciliation, Mediation and Arbitration and Others (JR 1898/2020) [2025] ZALCCT 22; (2025) 46 ILJ 1416 (LC) (10 April 2025)

Court

Labour Court Cape Town

Case number

JR 1898/2020

Judge

Lagrange

The Labour Court reinstated and dismissed a review of an arbitration award that reinstated an employee for inappropriate pressure during a violent strike but not intimidation.

• Unfair Dismissal
• Intimidation
• Disciplinary Code
• Review Of Arbitration Award
• Strike Action
• Final Written Warning

Samson v Commission for Conciliation, Mediation and Arbitration and Others (JR2023/22)

Samson v Commission for Conciliation, Mediation and Arbitration and Others (JR2023/22) [2025] ZALCJHB 140 (12 March 2025)

Court

Labour Court Johannesburg

Case number

JR2023/22

Judge

RN Daniels

The Labour Court dismissed an application for leave to appeal, finding no reasonable prospect of success on any ground raised by the third respondent.

• Unfair Labour Practice
• Final Written Warning
• Onus Of Proof
• Review Of Arbitration Award
• Labour-law
• Leave-to-appeal

National Union of Metalworkers of South Africa (NUMSA) and Others v Kaefer Energy Projects (Pty) Ltd (JS234/16;JS857/15;JS88/16)

National Union of Metalworkers of South Africa (NUMSA) and Others v Kaefer Energy Projects (Pty) Ltd (JS234/16;JS857/15;JS88/16) [2023] ZALCJHB 98 (24 March 2023)

Court

Labour Court Johannesburg

Case number

JS234/16;JS857/15;JS88/16

Judge

M T M Phehane

The court found that the differentiation between category B and category C employees was rational, justified, and non-capricious. Category B employees either dissociated from the strike, provided valid explanations, or attended induction and were offered peace agreements with final written warnings and forfeiture of benefits. Category C employees failed to heed ultimata, did not tender their services, and did not provide explanations; they were subjected to disciplinary hearings and dismissed. NUMSA and the individual applicants did not present evidence to explain their conduct or challenge t…

Source excerpt

• Unprotected Strike
• Dismissal For Misconduct
• Inconsistent Application Of Discipline
• Collective Agreements
• Final Written Warning
• Reinstatement Remedy

Cleveland Crane Hire Close Corporation v NUMSA, obo Rosbert and Others (JR 2292/18)

Cleveland Crane Hire Close Corporation v NUMSA, obo Rosbert and Others (JR 2292/18) [2023] ZALCJHB 267 (14 February 2023)

Court

Labour Court Johannesburg

Case number

JR 2292/18

Judge

M Baloyi

The Labour Court found that the second respondent's decision that the applicant applied discipline inconsistently was reasonable, as Employees 2 and 3 were reinstated after showing remorse and approaching the Managing Director, while the first respondent was dismissed despite showing remorse during the disciplinary hearing. The only difference was the failure of the first respondent to approach the MD after the hearing, which should not have prejudiced him. The Court held that the dismissal was substantively unfair due to inconsistent application of discipline. However, the relief of reinstat…

Source excerpt

• Unfair Dismissal
• Disciplinary Consistency
• Remedy Of Reinstatement
• Final Written Warning

Masuluke v Imperial Cold Logistics and Others (JR871/18)

Masuluke v Imperial Cold Logistics and Others (JR871/18) [2021] ZALCJHB 13 (8 February 2021)

Court

Labour Court Johannesburg

Case number

JR871/18

Judge

T Deane

The Labour Court granted condonation but dismissed a review of an arbitration award. It held the commissioner’s dismissal decision was reasonable and supported by the evidence.

• Review Of Arbitration Award
• Condonation
• Misconduct
• Dishonesty
• Dismissal
• Final Written Warning

Matubatuba v Electro Hydro World CC (J1566/16)

Matubatuba v Electro Hydro World CC (J1566/16) [2019] ZALCJHB 351 (18 December 2019)

Court

Labour Court Johannesburg

Case number

J1566/16

Judge

S Mabaso

The Labour Court upheld the dismissal of an employee found to have joined an unprotected strike and to have breached a valid final written warning.

• Unprotected Strike
• Dismissal Fairness
• Procedural Fairness
• Substantive Fairness
• Final Written Warning
• Unprotected-strike

Kock v Commission for Conciliation, Mediation and Arbitration and Others (JR1163/16)

Kock v Commission for Conciliation, Mediation and Arbitration and Others (JR1163/16) [2019] ZALCJHB 41; (2019) 40 ILJ 1625 (LC); [2019] 7 BLLR 703 (LC) (5 March 2019)

Court

Labour Court Johannesburg

Case number

JR1163/16

Judge

S Snyman

The court held that the arbitrator was correct in refusing to consider the validity of the final written warning, as it was never challenged as an unfair labour practice through the prescribed procedures. The applicant's misconduct was serious, deliberate, and repeated, and she showed no remorse. The existence of a valid final written warning for related misconduct aggravated the case for dismissal, and the disciplinary code supported dismissal as an appropriate sanction. The arbitrator's findings were reasonable and sustainable on the evidence, and no reviewable irregularity was committed. T…

Source excerpt

• Insubordination
• Final Written Warning
• Unfair Dismissal
• Progressive Discipline
• Review Of Arbitration Award

Bell Equipment Sales SA Ltd v Mashiigo (NO) and Others (J2652/13; J1484/16)

Bell Equipment Sales SA Ltd v Mashiigo (NO) and Others (J2652/13; J1484/16) [2018] ZALCJHB 251 (31 July 2018)

Court

Labour Court Johannesburg

Case number

J2652/13; J1484/16

Judge

R Lagrange

The Labour Court reviewed an arbitration award for misconstruing the misconduct and failing to consider material evidence, and held the dismissal substantively fair.

• Review Of Arbitration Award
• Substantive Fairness Of Dismissal
• Failure To Consider Material Evidence
• Final Written Warning
• Reinstatement
• Costs Award

Independent Concrete Mthatha CC v Commission for Conciliation Mediation and Arbitration and Others (PR 276/14)

Independent Concrete Mthatha CC v Commission for Conciliation Mediation and Arbitration and Others (PR 276/14) [2017] ZALCPE 33; [2018] 3 BLLR 286 (LC) (24 November 2017)

Court

Labour Court Port Elizabeth

Case number

PR 276/14

Judge

Lallie

Labour Court held that the CCMA commissioner’s award was reasonable and dismissed a review of a dismissal dispute involving repeated reckless driving.

• Unfair Dismissal
• Disciplinary Code
• Review Of Arbitration Award
• Final Written Warning
• Labour-law
• Unfair-dismissal