South Africa Case Law

Pahlanga v Petroleum Oil and Gas Corporation of South Africa (SOC) Ltd and Others (C564/2019)

Pahlanga v Petroleum Oil and Gas Corporation of South Africa (SOC) Ltd and Others (C564/2019) [2021] ZALCCT 48; [2021] 11 BLLR 1129 (LC); (2022) 43 ILJ 212 (LC) (9 July 2021)

Court

Labour Court Cape Town

Case number

C564/2019

Judge

Lagrange

The Labour Court dismissed a review of an unfair dismissal award, holding that the employer was not required to investigate incapacity absent clear evidence of it.

• Unfair Dismissal
• Incapacity Due To Ill Health
• Procedural Fairness
• Disciplinary Inquiry
• Onus Of Proof
• Unfair-dismissal

Gabavana v South African Local Government Bargaining Council and Others (C1111/2018)

Gabavana v South African Local Government Bargaining Council and Others (C1111/2018) [2021] ZALCCT 26 (26 January 2021)

Court

Labour Court Cape Town

Case number

C1111/2018

Judge

Rabkin-Naicker

Labour Court review of a dismissal award: the arbitrator ignored relevant evidence, acted improperly in questioning the applicant, and the dismissal was found substantively unfair.

• Unfair Dismissal
• Procedural Fairness
• Substantive Fairness
• Incapacity
• Arbitrator Misconduct
• Compensation For Unfair Dismissal

Rupee v Commission for Conciliation, Mediation and Arbitration and Others (D83/17)

Rupee v Commission for Conciliation, Mediation and Arbitration and Others (D83/17) [2020] ZALCD 19 (14 December 2020)

Court

Labour Court Durban

Case number

D83/17

Judge

Cele

Labour Court review of a dismissal for incapacity. The court held the commissioner failed to consider the real issue of reasonable accommodation and reinstated the applicant.

• Unfair Dismissal
• Incapacity
• Arbitration Review
• Reasonable Accommodation
• Medical Incapacity
• Incapacity-dismissal

N v Sky Services (Pty) Ltd (JS778/15)

N v Sky Services (Pty) Ltd (JS778/15) [2018] ZALCJHB 278; [2019] 5 BLLR 504 (LC) (21 August 2018)

Court

Labour Court Johannesburg

Case number

JS778/15

Judge

Mahosi

The applicant failed to establish that the respondent was aware of his HIV status or that his dismissal was based on discrimination due to HIV. The evidence showed that the respondent dismissed the applicant for incapacity following medical assessments that declared him medically unfit for duty. The respondent's witnesses consistently denied knowledge of the applicant's HIV status prior to the CCMA proceedings, and the applicant himself admitted keeping his illness private. The Court found that the real reason for dismissal was incapacity, not discrimination, and therefore the Labour Court la…

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• Automatically Unfair Dismissal
• Discrimination
• Hiv Status
• Jurisdiction
• Incapacity
• Referral To Arbitration

Nagdee v Edcon (J1402/2015)

Nagdee v Edcon (J1402/2015) [2016] ZALCJHB 311 (26 June 2016)

Court

Labour Court Johannesburg

Case number

J1402/2015

Judge

Faan Coetzee

The Labour Court dismissed a condonation application for a late referral of an automatically unfair dismissal dispute, finding the delay excessive and inadequately explained.

• Automatically Unfair Dismissal
• Condonation
• Disability Discrimination
• Incapacity Procedure
• Automatically-unfair-dismissal
• Incapacity

BP Southern Africa (Pty) Ltd v National Bargaining Council for the Chemical Industry and Others (JR2004/12)

BP Southern Africa (Pty) Ltd v National Bargaining Council for the Chemical Industry and Others (JR2004/12) [2015] ZALCJHB 179 (11 June 2015)

Court

Labour Court Johannesburg

Case number

JR2004/12

Judge

Tlhotlhalemaje

Labour Court review of an arbitration award in an unfair dismissal dispute. The court held the commissioner mischaracterised the case as incapacity and set the award aside.

• Unfair Dismissal
• Dishonesty
• Fraudulent Medical Certificates
• Incapacity Due To Alcohol Abuse
• Arbitration Review
• Procedural Fairness

Mgijima v Member of the Executive Council Gauteng Department of Education and Others (JR1894/2011)

Mgijima v Member of the Executive Council Gauteng Department of Education and Others (JR1894/2011) [2014] ZALCJHB 414 (27 October 2014)

Court

Labour Court Johannesburg

Case number

JR1894/2011

Judge

Molahlehi

The Labour Court found that while the applicant's conduct contributed to workplace disharmony, the employer failed to implement the agreed resolution to appoint a psychologist to address the issues. The arbitrator's finding that the applicant should have taken responsibility for implementing the resolution was unreasonable, as she was not mandated to do so and was herself the subject of the complaints. There was no evidence of further conflict after the intervention meeting, nor justification for the delay in instituting disciplinary proceedings. The Court held that the employment relationshi…

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• Unfair Dismissal
• Incompatibility
• Incapacity
• Disciplinary Procedure
• Remedies For Unfair Dismissal

Independent Newspapers (Pty) Ltd t/a Independent Newspapers KwaZulu-Natal v Statutory Council for the Printing, Newspaper & Packaging Industries and Others (D161/08)

Independent Newspapers (Pty) Ltd t/a Independent Newspapers KwaZulu-Natal v Statutory Council for the Printing, Newspaper & Packaging Industries and Others (D161/08) [2009] ZALCD 4 (4 December 2009)

Court

Labour Court Durban

Case number

D161/08

Judge

Conradie AJ

The Labour Court reviewed and set aside an arbitration award after finding the commissioner wrongly treated a dismissal for misconduct as one for incapacity.

• Unfair Dismissal
• Review Of Arbitration Award
• Misconduct
• Incapacity
• Procedural Fairness
• Unfair-dismissal

Samancor Limited v Metal and Engineering Industries Bargaining Council and Others (JR1061/2007)

Samancor Limited v Metal and Engineering Industries Bargaining Council and Others (JR1061/2007) [2008] ZALC 91; (2009) 30 ILJ 389 (LC) (1 July 2008)

Court

Labour Court

Case number

JR1061/2007

Judge

Francis

The court found that the commissioner’s award was lawful, reasonable, and procedurally fair. The applicant dismissed the third respondent for operational incapacity, a ground not recognised in South African law, and failed to comply with statutory requirements for incapacity dismissals. The third respondent’s absence was due to circumstances beyond his control, and he had kept the employer informed. The employer did not investigate the duration of the incapacity or consult with the union, nor did it afford the third respondent an opportunity to present his case. The chairperson’s dual role cr…

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• Unfair Dismissal
• Incapacity
• Supervening Impossibility
• Procedural Fairness
• Substantive Fairness

Samancor Ltd v Metal and Engineering Industries Bargaining Council and Others (JR1061/2007)

Samancor Ltd v Metal and Engineering Industries Bargaining Council and Others (JR1061/2007) [2008] ZALC 192 (1 July 2008)

Court

Labour Court

Case number

JR1061/2007

Judge

Francis

The court held that the commissioner’s award was reasonable and lawful. The applicant dismissed the third respondent for operational incapacity, a ground not recognised in South African law, and failed to follow the procedures required for incapacity dismissals under the Labour Relations Act. The third respondent’s absence was due to his detention, a factor beyond his control, and he had notified the applicant throughout. The applicant did not investigate the duration of the incapacity or consider alternatives to dismissal, nor did it afford the third respondent an opportunity to present his…

Source excerpt

• Unfair Dismissal
• Incapacity
• Procedural Fairness
• Substantive Fairness
• Supervening Impossibility