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South Africa decisions
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Skhosana v Commission for Conciliation Mediation and Arbitration and Others (JR1843/2022) [2024] ZALCJHB 463 (20 November 2024)
The Labour Court refused leave to appeal, finding no realistic prospect of success where the applicant repeated arguments about a disputed shift allowance.
De Grandi v South African Airways (SOC) Limited (22/24141) [2024] ZAGPJHC 864 (5 September 2024)
The High Court granted condonation and leave to amend pleadings in a dismissal dispute, finding the delay minimal and the proposed amendments sufficiently pleaded.
Mothupi v City of South African Local Government Bargaining Council and Others (JR2300/2022) [2024] ZALCJHB 170 (24 April 2024)
Review dismissed: the Labour Court held that the applicant failed to prove constructive dismissal and had reasonable alternatives before resigning.
Aquarian Lifestyle Trading (Pty) Ltd ta Vespa SA v Commission for Conciliaton Meditation and Abritration (JR 329/21) [2024] ZALCJHB 73 (20 February 2024)
The Labour Court dismissed a review of a CCMA award finding that a lockdown-era resignation amounted to constructive dismissal.
Wesbank, A Division of Firstrand Bank Limited v Commission for Conciliation, Mediation and Arbitration and Others (C293/2021) [2024] ZALCCT 1 (18 January 2024)
The Labour Court upheld a constructive dismissal award, finding Wesbank’s cumulative conduct made the employee’s working conditions intolerable.
Lagadien v Minister of the Department of Science and Technology and Another (JS 1042/17) [2023] ZALCJHB 261 (27 September 2023)
Labour Court held that an employee failed to prove constructive dismissal or disability discrimination after resigning; absolution from the instance was granted.
MEC for Education, KwaZulu-Natal v Singh (1188/2021) [2023] ZASCA 92; [2023] 9 BLLR 863 (SCA); (2023) 44 ILJ 2447 (SCA) (9 June 2023)
The Supreme Court of Appeal held that wrongfulness was not established in respect of the department's alleged omission to intervene in the workplace dispute between Ms Singh and the principal. The court found that the statutory and regulatory framework governing educators, including grievance and disciplinary procedures, provided adequate remedies for complaints of victimisation and psychiatric harm. Ms Singh failed to utilize these procedures, and her omission to do so precluded a finding of wrongfulness against the department. The employment relationship alone does not create a duty on the…
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Ledwaba and Others v Minister of Home Affairs and Others (J 1441/2022) [2022] ZALCJHB 327 (25 November 2022)
The Labour Court dismissed an urgent bid to stop Home Affairs’ recruitment process pending a grievance over changed post requirements.
Public Service Association of South Africa and Another v Department of Mineral Resources (JS 677/17) [2022] ZALCJHB 307 (31 October 2022)
The Court found that the second applicant failed to prove that she was subjected to sexual harassment or unfair discrimination within the meaning of the Employment Equity Act. The alleged conduct, including invitations to the Regional Manager's house and personal conversations, did not amount to harassment or discrimination, and was not reported in her formal grievances. The evidence indicated a personality clash and operational disagreements rather than discriminatory conduct. Witnesses called by the second applicant did not corroborate her version, and the respondent's witnesses consistentl…
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Masupha v MEC for Gauteng Provincial Treasury and Another (J987/21) [2021] ZALCJHB 300; [2022] 1 BLLR 80 (LC); (2022) 43 ILJ 873 (LC) (20 September 2021)
The court held that the applicant failed to establish a clear right to interdict the recruitment process, as her grievance under section 35 of the Public Service Act only entitles her to have the grievance investigated and considered, not to have it resolved in her favour or to halt statutory recruitment. The applicant's dismissal falls within section 186(2) of the Labour Relations Act, and her grievance is excluded by the relevant regulations. There is no evidence of irreparable harm or unlawful conduct in the recruitment process, which is a statutory requirement. The court distinguished the…
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