South Africa Case Law

S.D.N v Sunwest International (Pty) Ltd t/a Grand West Casino and Entertainment World (7659/2021)

S.D.N v Sunwest International (Pty) Ltd t/a Grand West Casino and Entertainment World (7659/2021) [2025] ZAWCHC 327 (31 July 2025)

Court

Western Cape High Court, Cape Town

Case number

7659/2021

Judge

Mthimunye

The court found that the defendant, through its electrical and maintenance department, was vicariously liable for gross negligence. The exposed live wire near a busy public area and a water source posed a significant and foreseeable risk, especially to children. The defendant's employees failed to secure the area after the removal of the Christmas tree, disregarding instructions and failing to follow up on safety measures. The defendant did not call relevant witnesses to explain the failure, and the evidence established a conscious and voluntary disregard for reasonable care. The disclaimer a…

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• Gross Negligence
• Vicarious Liability
• Personal Injury
• Public Premises Safety
• Res Ipsa Loquitur

Ntombela v Metal and Engineering Industries Bargaining Council and Others (JR443/23)

Ntombela v Metal and Engineering Industries Bargaining Council and Others (JR443/23) [2025] ZALCJHB 179 (15 May 2025)

Court

Labour Court Johannesburg

Case number

JR443/23

Judge

G C Phakedi

The Labour Court condoned a late review, found the commissioner biased and unreasonable, set aside the arbitration award, and ordered reinstatement.

• Unfair Dismissal
• Gross Negligence
• Review Of Arbitration Award
• Condonation
• Bias In Arbitration
• Code Of Good Practice

Minister of Justice and Correctional Services v Mabanga and Another (JR428/19)

Minister of Justice and Correctional Services v Mabanga and Another (JR428/19) [2025] ZALCJHB 174 (29 April 2025)

Court

Labour Court Johannesburg

Case number

JR428/19

Judge

Daniels

The Labour Court reviewed and set aside a disciplinary ruling after finding it irrational and unreasonable, then remitted the dispute for rehearing before a different chairperson.

• Disciplinary Review
• Irrationality
• Gross Negligence
• Section 158 1 H Lra
• Procedural Fairness
• Disciplinary-review

Standard Bank Insurance Brokers v Dlamini and Others (JR15/24)

Standard Bank Insurance Brokers v Dlamini and Others (JR15/24) [2025] ZALCJHB 147 (7 April 2025)

Court

Labour Court Johannesburg

Case number

JR15/24

Judge

S Snyman

Labour Court review of a CCMA award found a wealth manager’s dismissal for serious FAIS-related negligence substantively fair and set aside reinstatement.

• Unfair Dismissal
• Gross Negligence
• Fais Code Of Conduct
• Review Of Arbitration Award
• Trust Relationship Breakdown
• Unfair-dismissal

MEC Dept Of Health v Public Health Social Development Sectoral Bargaining Council and Others (C761/2021)

MEC Dept Of Health v Public Health Social Development Sectoral Bargaining Council and Others (C761/2021) [2025] ZALCCT 20; [2025] 6 BLLR 618 (LC); (2025) 46 ILJ 1391 (LC) (2 April 2025)

Court

Labour Court Cape Town

Case number

C761/2021

Judge

Lagrange

The Labour Court set aside an arbitration award after finding a doctor’s dismissal for attending work intoxicated was substantively and procedurally fair.

• Dismissal For Misconduct
• Gross Negligence
• Admission Of Hearsay Evidence
• Progressive Discipline
• Occupational Health And Safety
• Dismissal-for-misconduct

Sibanye Rustenburg Platinum Mines (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (JR2402/21)

Sibanye Rustenburg Platinum Mines (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (JR2402/21) [2025] ZALCJHB 289 (2 April 2025)

Court

Labour Court Johannesburg

Case number

JR2402/21

Judge

Phehane

The Labour Court held that dismissal was substantively fair after an employee pleaded guilty to failing to wear a safety harness in a high-risk mining area.

• Dismissal For Safety Violation
• Gross Negligence
• Substantive Fairness
• Code Of Good Conduct Dismissal
• Mining Safety Regulations
• Labour-law

Northam Platinum Limited v Commission for Conciliation, Mediation and Arbitration and Others (JR09/2022)

Northam Platinum Limited v Commission for Conciliation, Mediation and Arbitration and Others (JR09/2022) [2025] ZALCJHB 128 (5 March 2025)

Court

Labour Court Johannesburg

Case number

JR09/2022

Judge

Mokose AJ

The Labour Court reviewed and set aside a CCMA award, holding that the commissioner unreasonably found an electrician’s dismissal unfair despite serious safety breaches.

• Unfair Dismissal
• Gross Negligence
• Arbitration Review
• Procedural Fairness
• Substantive Fairness
• Hazard Identification And Risk Assessment

Fraser Alexander (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (JR 1174/21)

Fraser Alexander (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (JR 1174/21) [2025] ZALCJHB 89 (3 March 2025)

Court

Labour Court Johannesburg

Case number

JR 1174/21

Judge

Ngwenya

The court found that the Commissioner misconceived the nature of the rule by focusing on the timing of the spillage rather than the employees' conduct during their shift. The evidence showed that the employees were aware of blockages that could lead to spillage but failed to take action, thereby neglecting their duties. The Commissioner ignored material evidence and undertook the enquiry in the wrong manner, resulting in an unreasonable award. The errors of fact and reasoning rose to the level required for review and set aside under the Mofokeng principle. The court held that the dismissal wa…

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• Unfair Dismissal
• Arbitration Review
• Gross Negligence
• Substantive Fairness
• Remedy Substitution

Standard Bank of South Africa v South African Society of Bargaining Officials and Others (JA 107/22)

Standard Bank of South Africa v South African Society of Bargaining Officials and Others (JA 107/22) [2025] ZALAC 10 (27 February 2025)

Court

Labour Appeal Court

Case number

JA 107/22

Judges

Molahlehi DJP, Savage AJA, Malindi AJA

The Labour Appeal Court dismissed Standard Bank’s appeal, upholding a finding that Ms Ngcobo’s dismissal for breach of housing policy and alleged gross negligence was substantively unfair.

• Unfair Dismissal
• Gross Negligence
• Housing Policy Interpretation
• Remedy Of Reinstatement
• Breakdown Of Trust
• Disciplinary Procedure

Njobe v Commission for Conciliation, Mediation and Arbitration and Others (JR1199/21)

Njobe v Commission for Conciliation, Mediation and Arbitration and Others (JR1199/21) [2025] ZALCJHB 81 (26 February 2025)

Court

Labour Court Johannesburg

Case number

JR1199/21

Judge

Tlhotlhalemaje

The court found that the Commissioner’s decision was reasonable and justified. The applicant’s misconduct, given his position and responsibilities in a high-risk environment, constituted gross negligence. The applicant had previously been warned and counselled for similar offences, and progressive discipline had failed to correct his behaviour. The Commissioner correctly distinguished the applicant’s case from his colleague’s based on disciplinary history, and the claim of inconsistent application of discipline was not supported by comparable facts. The Commissioner evaluated the evidence, co…

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• Unfair Dismissal
• Gross Negligence
• Progressive Discipline
• Inconsistent Application Of Discipline
• Review Test
• Arbitration Award