South Africa Case Law

National Union of Metalworkers of South Africa obo Gxesi and Others v Faurecia Emission Control Technologies (Pty) Ltd and Others (C97/2022)

National Union of Metalworkers of South Africa obo Gxesi and Others v Faurecia Emission Control Technologies (Pty) Ltd and Others (C97/2022) [2025] ZALCCT 61 (6 August 2025)

Court

Labour Court Cape Town

Case number

C97/2022

Judge

Stelzner

Labour Court review of an arbitration award upheld dismissals for collective refusal to continue a stock take shift after 3pm.

• Unfair Dismissal
• Gross Insubordination
• Collective Agreement Interpretation
• Overtime Entitlement
• Arbitration Review
• Disciplinary Sanction

Shave and Gibson Packaging (Pty) Ltd v African Meat Industry and Allied Trade Union and Another (DA21/23)

Shave and Gibson Packaging (Pty) Ltd v African Meat Industry and Allied Trade Union and Another (DA21/23) [2025] ZALAC 31; [2025] 8 BLLR 819 (LAC); (2025) 46 ILJ 1923 (LAC) (28 May 2025)

Court

Labour Appeal Court

Case number

DA21/23

Judges

Savage ADJP, Van Niekerk JA, Govindjee AJA

The Labour Appeal Court held that the dismissal of identified employees who deliberately and persistently breached the picketing rules and the court order by picketing outside the demarcated area was substantively fair. The misconduct was flagrant, protracted, and amounted to gross insubordination, justifying dismissal. The employees were aware of the rules and the order, and their conduct undermined the authority of the court and the employer’s operational requirements. In contrast, the dismissal of unidentified employees, who were not proven to have breached the picketing rules or the order…

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• Protected Strike
• Picketing Rules
• Dismissal For Misconduct
• Gross Insubordination
• Progressive Discipline
• Constitutional Right To Picket

Medici Energy (Pty) Ltd v Bennet NO and Others (C89/2023)

Medici Energy (Pty) Ltd v Bennet NO and Others (C89/2023) [2025] ZALCCT 34 (21 May 2025)

Court

Labour Court Cape Town

Case number

C89/2023

Judge

Leslie

The court found that the instruction to return to the office was not reasonable, as it was issued abruptly and in direct response to Ms Roux's intention to lodge a grievance. The evidence established that the work-from-home arrangement was longstanding and based on her son's medical condition, and no proper justification was provided for its sudden termination. The timing of the instruction and subsequent disciplinary action indicated a retaliatory motive. Furthermore, the disciplinary process was procedurally unfair, as Ms Roux was denied adequate information about the charges and prevented…

Source excerpt

• Unfair Dismissal
• Gross Insubordination
• Work From Home Arrangement
• Procedural Fairness
• Retaliatory Dismissal

Hlungwane v Minister of Justice and Constitutional Development and Others (PR201/22)

Hlungwane v Minister of Justice and Constitutional Development and Others (PR201/22) [2025] ZALCPE 3 (4 February 2025)

Court

Labour Court Port Elizabeth

Case number

PR201/22

Judge

M Makhura

The Labour Court dismissed a review of an arbitration award upholding dismissal for gross insubordination after repeated refusals to return to De Aar.

• Unfair Dismissal
• Gross Insubordination
• Review Of Arbitration Award
• Disciplinary Code And Procedure
• Gross-insubordination
• Dismissal

SA Steelworks division of SA Metal Group (Pty) Ltd v Metal and Engineering Industries Bargaining Council and Others (CA8/23)

SA Steelworks division of SA Metal Group (Pty) Ltd v Metal and Engineering Industries Bargaining Council and Others (CA8/23) [2024] ZALAC 65; [2025] 3 BLLR 257 (LAC); (2025) 46 ILJ 572 (LAC) (6 December 2024)

Court

Labour Appeal Court

Case number

CA8/23

Judges

Savage ADJP, Davis AJA, Jolwana AJA

The Labour Appeal Court held that the dispute was about misconduct and gross insubordination, not an unprotected strike, and restored the bargaining council award.

• Jurisdiction Of Bargaining Council
• Gross Insubordination
• Unfair Dismissal
• Arbitration Review
• Change In Work Practices
• Bargaining-council-jurisdiction

Matsopa Minerals (Pty) Ltd v Commission for Conciliation Mediation and Arbitration and Others (JR10/20)

Matsopa Minerals (Pty) Ltd v Commission for Conciliation Mediation and Arbitration and Others (JR10/20) [2024] ZALCJHB 451 (18 November 2024)

Court

Labour Court Johannesburg

Case number

JR10/20

Judge

F.I Baloyi

The Labour Court reviewed a CCMA award and held that an employee’s refusals to attend an inspection and training were gross insubordination, making dismissal substantively fair.

• Unfair Dismissal
• Gross Insubordination
• Arbitration Review
• Lawful Instruction
• Substantive Fairness
• Gross-insubordination

Dladla v Motor Industries Bargaining Council (JR761/22)

Dladla v Motor Industries Bargaining Council (JR761/22) [2024] ZALCJHB 260 (4 July 2024)

Court

Labour Court Johannesburg

Case number

JR761/22

Judge

D Short

The court found that the applicants were given clear and repeated lawful instructions to vacate the canteen and return to work, which they openly defied. Their conduct constituted gross insubordination and riotous behaviour under the employer's disciplinary code. The commissioner properly considered the evidence, including the applicants' shift allocations and the authorization of the meeting, and made rational findings. The applicants failed to prove that the instructions were unlawful or that the commissioner committed a gross irregularity. The sanction of dismissal was appropriate given th…

Source excerpt

• Unfair Dismissal
• Gross Insubordination
• Disciplinary Code
• Arbitration Review
• Riotous Behaviour

Mogudi and Another v African Explosives Ltd and Others (JR1056/2018)

Mogudi and Another v African Explosives Ltd and Others (JR1056/2018) [2024] ZALCJHB 152 (26 March 2024)

Court

Labour Court Johannesburg

Case number

JR1056/2018

Judge

Tlhotlhalemaje

The court found that the applicants failed to provide a reasonable or acceptable explanation for the six-week delay in filing the review application. Their claim of lack of funds was inadequately substantiated and did not cover the full period of delay. The applicants’ prospects of success on review were found to be non-existent, as the evidence showed they repeatedly refused lawful and reasonable instructions to operate the new plant, constituting gross insubordination. The arbitrator’s decision was reasonable and supported by the evidence, with no procedural unfairness established. The inte…

Source excerpt

• Condonation For Late Filing
• Review Of Arbitration Award
• Gross Insubordination
• Procedural Fairness
• Unfair Dismissal

Association Of Mineworkers And Construction Workers Union obo Morobisi v Commission for Conciliation, Mediation and Arbitration and Others (JR1881/20)

Association Of Mineworkers And Construction Workers Union obo Morobisi v Commission for Conciliation, Mediation and Arbitration and Others (JR1881/20) [2024] ZALCJHB 66 (26 January 2024)

Court

Labour Court Johannesburg

Case number

JR1881/20

Judge

M T M Phehane

The court found that the applicant's conduct, including repeated refusal to follow lawful instructions, use of vulgar and derogatory language towards supervisors, and lack of remorse, constituted gross insubordination and serious disrespect. The disciplinary code provided for dismissal as a sanction for such misconduct, even for a first offence. The commissioner correctly categorised the misconduct and reasonably concluded that the trust relationship had irretrievably broken down. Progressive discipline was not appropriate given the seriousness and persistence of the applicant's conduct. The…

Source excerpt

• Unfair Dismissal
• Gross Insubordination
• Disciplinary Code
• Substantive Fairness
• Progressive Discipline
• Breakdown Of Trust

Association of Mineworkers and Construction Workers Union obo Maeyane v Mello NO and Others (JR101/19)

Association of Mineworkers and Construction Workers Union obo Maeyane v Mello NO and Others (JR101/19) [2023] ZALCJHB 138 (2 May 2023)

Court

Labour Court Johannesburg

Case number

JR101/19

Judge

M Makhura

The Labour Court dismissed a review of an arbitration award upholding dismissal for gross insubordination after the employee repeatedly refused a lawful instruction.

• Unfair Dismissal
• Gross Insubordination
• Procedural Fairness
• Sanction Appropriateness
• Duty Of Care
• Labour-law