South Africa Case Law

Dolsid Investments (Pty) Ltd v Thoury Hassan t/a Little Voice Day Care Centre and Another (047020/2025)

Dolsid Investments (Pty) Ltd v Thoury Hassan t/a Little Voice Day Care Centre and Another (047020/2025) [2025] ZAGPPHC 554 (22 May 2025)

Court

North Gauteng High Court, Pretoria

Case number

047020/2025

Judge

Neukircher

The court found that the applicant had validly cancelled the lease due to persistent breaches and that the conditions on the premises, including illegal electricity connections and severe disrepair, posed a real and imminent risk to the safety and health of the occupants and neighbouring properties. The respondent failed to provide any credible evidence of repairs or alternative arrangements for the occupiers, nor did he dispute the photographic evidence of dangerous conditions. The court held that the urgency of the application was justified under section 5(1)(a) of the PIE Act, and that the…

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• Prevention Of Illegal Eviction Act
• Urgent Eviction
• Breach Of Lease
• Health And Safety
• Termination Of Tenancy

Arcelormittal South Africa Limited v National Union of Metal Workers of South Africa and Others (JR2748/22)

Arcelormittal South Africa Limited v National Union of Metal Workers of South Africa and Others (JR2748/22) [2025] ZALCJHB 96 (7 March 2025)

Court

Labour Court Johannesburg

Case number

JR2748/22

Judge

L Erasmus

The Labour Court granted Arcelormittal leave to appeal against a ruling upholding an essential-services designation. The court found the issue important and open to differing interpretation.

• Essential Services Definition
• Right To Strike
• Section 213 Lra
• Health And Safety
• Constitutional Rights
• Essential-services

Glencore Operations South Africa (Pty) Ltd (Lion Ferrochrome) v NUM obo Makgata and Others (JR2667/16)

Glencore Operations South Africa (Pty) Ltd (Lion Ferrochrome) v NUM obo Makgata and Others (JR2667/16) [2019] ZALCJHB 92 (30 April 2019)

Court

Labour Court Johannesburg

Case number

JR 2667/16

Judge

B Whitcher

The court found that the commissioner misconceived the law of evidence by requiring corroboration and rejecting photographic evidence solely because it was not taken in the employee's presence. The applicant provided sufficient evidence that Mr Makgata failed to comply with safety instructions, was on a final written warning, and his conduct justified the loss of trust and dismissal. The arbitration award was thus reviewable and set aside, with the dismissal found to be substantively fair.

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• Unfair Dismissal
• Substantive Fairness
• Misconduct
• Health And Safety
• Review Of Arbitration Award

Assmang Ltd (Black Rock Mine) v Commission for Conciliation Mediation And Arbitration and Others (JR575/2011)

Assmang Ltd (Black Rock Mine) v Commission for Conciliation Mediation And Arbitration and Others (JR575/2011) [2014] ZALCJHB 341 (5 September 2014)

Court

Labour Court Johannesburg

Case number

JR575/2011

Judge

Molahlehi

Labour Court review of an arbitration award on a mining dismissal, holding the commissioner’s exoneration of the employee unreasonable and reinstating dismissal as fair.

• Unfair Dismissal
• Gross Negligence
• Health And Safety
• Review Of Arbitration Award
• Review-of-arbitration-award
• Unfair-dismissal

Pikitup (Soc) Limited v SAMWU and Others (JA82/13)

Pikitup (Soc) Limited v SAMWU and Others (JA82/13) [2013] ZALAC 33; [2014] 3 BLLR 217 (LAC); (2014) 35 ILJ 983 (LAC) (5 December 2013)

Court

Labour Appeal Court

Case number

JA82/13

Judges

Tlaletsi, C.J. Musi, Mokgoatlheng

The Labour Appeal Court held that health and safety issues, including the method of alcohol testing, are matters of mutual interest and subject to collective bargaining. The demand by employees to abandon breathalyser testing was not unlawful, as the Occupational Health and Safety Act does not mandate breathalyser testing as the only reasonably practicable method of compliance. The employer's unilateral implementation of breathalyser testing, without proper engagement or consent, infringed on employees' rights to privacy and dignity. The right to strike should not be limited by implicit restr…

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• Right To Strike
• Health And Safety
• Matters Of Mutual Interest
• Collective Bargaining
• Occupational Health And Safety Act
• Unprotected Strike