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South Africa decisions
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Special Investigating Unit v Dlamini and Others (GP26/2024) [2025] ZAST 9 (10 June 2025)
The Special Tribunal granted an interim interdict preserving a respondent’s pension benefits pending SIU recovery proceedings over a fraudulent grant payment.
Kekana v Stapelberg NO and Others (JR2280/21) [2025] ZALCJHB 178 (19 May 2025)
The court found that the commissioner’s award was reasonable and supported by the totality of the evidence. The applicant, as a manager trained in company policies, failed to follow procedures and actively assisted in fraudulent transactions, resulting in significant financial loss. The commissioner did not ignore evidence of other individuals’ involvement but correctly found that inconsistency in discipline did not render the dismissal unfair. The applicant’s arguments were assessed piecemeal and did not demonstrate that the award was one which no reasonable commissioner could reach. The app…
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Wiggil Farming (Pty) Ltd v Commission For Conciliation, Mediation and Arbitration and Others (JR1520/23) [2024] ZALCJHB 324 (21 August 2024)
The Labour Court held that a tractor driver’s cellphone use was misconduct, but not gross misconduct, and that dismissal was substantively unfair.
Standard Bank of South Africa v South African Society of Bank Officials (SASBO) and Others (JR252/22) [2024] ZALCJHB 328 (16 August 2024)
The Labour Court found that the Commissioner misdirected himself by failing to properly assess the gravity of Morudu's misconduct and by incorrectly applying the parity principle. As Branch Manager, Morudu held a position of trust and was responsible for enforcing COVID-19 protocols and the bank's policies. Her conduct in organising an unauthorised party, breaching COVID-19 regulations, and posting videos on social media was grossly irresponsible and undermined the trust relationship. The Commissioner gave undue weight to the Sanction Guide and failed to distinguish Morudu's higher culpabilit…
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NUMSA obo Khumalo and Others v Dispute Resolution Centre (DRC) and Others (D07/19) [2024] ZALCD 24 (5 July 2024)
The Labour Court dismissed a bid to reinstate a review because the applicants filed the record late, gave no adequate explanation, and had weak prospects on the merits.
Khubeka v Metal Engineering Industries Bargaining Council and Others.rtf (JR1219/2021) [2024] ZALCJHB 249 (25 June 2024)
Review of an arbitration award dismissing a theft-related unfair dismissal claim failed; the Labour Court held the award was reasonable and upheld the dismissal.
Sibanye Gold Limited t/a Sibanye Stillwater v Commission for Conciliation, Mediation and Arbitration and Others (JR 1910/20) [2024] ZALCJHB 3; (2024) 45 ILJ 907 (LC) (19 January 2024)
Labour Court set aside a CCMA award and held that a dismissal for threatening and intimidating a colleague during a violent strike was fair.
Mariemuthoo v Matshaka N.O and Others (JR 328/21) [2024] ZALCJHB 4 (15 January 2024)
The court found that the arbitrator's findings on substantive fairness were reasonable and supported by the evidence, including the applicant's lack of written mandate for the BEC to negotiate prices and his responsibility for the High Speed Copiers Maintenance Contract. The applicant failed to establish any reviewable irregularity or misconduct by the arbitrator, and the alleged sleeping or bias did not result in a mistrial or unfair hearing. The court held that the appointment of an external Presiding Officer was permitted by the Disciplinary Code and did not prejudice the applicant. The ar…
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NUFBWSAW obo Mhlambi v Coca-Cola Beverages South Africa (Pty) Ltd and Others (JR 1610/20) [2023] ZALCJHB 327 (23 November 2023)
Labour Court upheld a CCMA award finding dismissal fair for dishonest use of wrong part numbers, rejecting claims of instruction, training gaps, and inconsistency.
Segwe v Dispute Resolution Centre for the Motor Industry Bargaining Council and Others (JR378/21) [2023] ZALCJHB 355 (25 August 2023)
The Labour Court refused condonation for a late review of an arbitration award, finding the 80-day delay inadequately explained and the interests of justice not met.
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