South Africa Case Law

Glencore Operations South Africa (Pty) Ltd v Taala and Others (JA 52/24)

Glencore Operations South Africa (Pty) Ltd v Taala and Others (JA 52/24) [2025] ZALAC 23; [2025] 6 BLLR 559 (LAC) (27 March 2025)

Court

Labour Appeal Court

Case number

JA 52/24

Judges

Van Niekerk JA, Nkuta Nkotwana JA, Sutherland AJA

The Labour Appeal Court held that the appellant failed to establish any written rule, operating procedure, or workplace obligation requiring the employee to verify the crane operator's load chart selection. The arbitrator's finding that the dismissal was substantively unfair was reasonable, as the evidence did not unequivocally establish negligence on the part of the employee. The employer's failure to discipline the supervisor who approved the permit further supported the finding of inconsistent application of discipline. The Labour Court correctly dismissed the review application, and the a…

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• Unfair Dismissal
• Negligence
• Inconsistent Discipline
• Substantive Fairness
• Arbitration Review
• Duty Of Care

WEG Transformers Africa a division of Zest Weg Manufacturing v Metal Engineering Industries Bargaining Council and Others (JR487/22)

WEG Transformers Africa a division of Zest Weg Manufacturing v Metal Engineering Industries Bargaining Council and Others (JR487/22) [2025] ZAGPJHC 98 (30 January 2025)

Court

South Gauteng High Court, Johannesburg

Case number

JR487/22

Judge

Molotsi

The court found that the commissioner committed a gross irregularity by failing to properly apply the law regarding inconsistent discipline. The evidence showed that the applicant was unaware of the alleged incident involving Mr. Simelane, and the circumstances of the two incidents were materially different in terms of severity, admission of guilt, and consequences. The commissioner erroneously elevated the investigation into the Simelane incident as decisive, rather than assessing whether the incidents were comparable and whether the employer was aware of the prior misconduct. The commission…

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• Unfair Dismissal
• Inconsistent Discipline
• Arbitration Review
• Code Of Good Practice
• Gross Negligence

SASBO obo Neville v Standard Bank Judgment and Others (JR165/23)

SASBO obo Neville v Standard Bank Judgment and Others (JR165/23) [2025] ZALCJHB 31 (29 January 2025)

Court

Labour Court Johannesburg

Case number

JR165/23

Judge

Daniels

The court found that the commissioner’s decision that the applicant’s dismissal was substantively fair was reasonable and supported by the evidence. The applicant admitted to breaching the Bank’s activation rule by using her own funds to activate ninety-nine accounts, including accounts opened by colleagues, with the intention to meet sales targets and avoid performance management. Her admissions in statements and declarations demonstrated awareness of wrongdoing and intent to deceive. The applicant’s arguments regarding unclear rules, lack of intent, remorse, and inconsistent discipline were…

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• Unfair Dismissal
• Dishonesty
• Inconsistent Discipline
• Review Of Arbitration Award
• Remorse
• Activation Rule Breach

National Union of Mineworkers and Others v Aveng Moolmans (Pty) Ltd (JS923/17; C85/17)

National Union of Mineworkers and Others v Aveng Moolmans (Pty) Ltd (JS923/17; C85/17) [2024] ZALCJHB 519 (2 July 2024)

Court

Labour Court Johannesburg

Case number

JS923/17; C85/17

Judge

M T M Phehane

Labour Court upheld dismissals for participation in an unprotected strike after finding clear ultimata were issued and ignored.

• Unprotected Strike
• Substantive Fairness Of Dismissal
• Ultimatum Requirements
• Inconsistent Discipline
• Appeal Procedure
• Trust Breakdown

South African Revenue Service v Commission for Conciliation, Mediation and Arbitration (JR2223/23)

South African Revenue Service v Commission for Conciliation, Mediation and Arbitration (JR2223/23) [2024] ZALCJHB 69; (2024) 45 ILJ 1077 (LC) (26 January 2024)

Court

Labour Court Johannesburg

Case number

JR2223/23

Judge

M T M Phehane

The Labour Court reviewed and set aside a CCMA award, finding the commissioner distorted the outcome by downgrading gross negligence to negligence in a dismissal dispute.

• Unfair Dismissal
• Gross Negligence
• Review Of Arbitration Award
• Inconsistent Discipline
• Procedural Fairness
• Unfair-dismissal

Association of Mineworkers and Others v Opsicol Mining Services CC (JS 703/2018)

Association of Mineworkers and Others v Opsicol Mining Services CC (JS 703/2018) [2023] ZALCJHB 177 (5 June 2023)

Court

Labour Court Johannesburg

Case number

JS 703/2018

Judge

Van Niekerk

The Labour Court held that two shop stewards’ dismissals for an unprotected strike were substantively unfair, but upheld the procedure and awarded six months’ compensation.

• Unprotected Strike
• Shop Steward Duties
• Inconsistent Discipline
• Procedural Fairness
• Compensation For Unfair Dismissal
• Unprotected-strike

Pharma-Q Holdings (Pty) Ltd v National Bargaining Council for The Chemical Industry and Others (JR 1964/20)

Pharma-Q Holdings (Pty) Ltd v National Bargaining Council for The Chemical Industry and Others (JR 1964/20) [2023] ZALCJHB 16 (31 January 2023)

Court

Labour Court Johannesburg

Case number

JR 1964/20

Judge

Sandile Mabaso

Labour Court review of a dismissal for damaging machinery: the court held dismissal was too harsh, corrected the award, and ordered reinstatement with a final warning.

• Unfair Dismissal
• Inconsistent Discipline
• Remedies For Unfair Dismissal
• Parity Principle
• Progressive Discipline
• Unfair-dismissal

Ngcobo v Commission for Conciliation, Mediation & Arbitration and Others (JR 1693/2019)

Ngcobo v Commission for Conciliation, Mediation & Arbitration and Others (JR 1693/2019) [2022] ZALCJHB 48 (14 March 2022)

Court

Labour Court Johannesburg

Case number

JR 1693/2019

Judge

Van Niekerk

The court found that the applicant failed to establish reasonable prospects of success on appeal. The evidence demonstrated that the alleged comparator, Mr Sooklall, was not subject to disciplinary proceedings due to his resignation, and other employees were differently circumstanced. The commissioner exercised proper discretion in determining the sanction, considering all relevant factors, including the applicant's admission of guilt and the significant financial loss suffered by the employer. The decision was not so unreasonable as to warrant intervention. Therefore, leave to appeal was ref…

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• Review Of Arbitration Award
• Inconsistent Discipline
• Sanction Of Dismissal
• Reasonable Decision Maker

Alpha Pharm (EC) (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (PR12/16)

Alpha Pharm (EC) (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (PR12/16) [2019] ZALCPE 7 (10 April 2019)

Court

Labour Court Port Elizabeth

Case number

PR12/16

Judge

Mahosi

The court found that the commissioner’s decision to accept Blignaut’s statement as hearsay and weigh it against the tested evidence was reasonable. The applicant failed to secure Blignaut’s testimony, and the evidence at arbitration did not support the charges against the employees. The commissioner’s findings that the dismissed employees were not proven to be part of the syndicate, and that the employer failed to discharge the onus of proving their guilt, were within the bounds of reasonableness. The inconsistent disciplinary action, particularly the lesser sanction imposed on Deveroux, furt…

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• Review Of Arbitration Award
• Unfair Dismissal
• Hearsay Evidence
• Polygraph Evidence
• Inconsistent Discipline

UTATU SARWHU and Another v Moletsane NO and Others (JR82/2014)

UTATU SARWHU and Another v Moletsane NO and Others (JR82/2014) [2019] ZALCJHB 40 (28 February 2019)

Court

Labour Court Johannesburg

Case number

JR82/2014

Judge

Tlhotlhalemaje

Labour Court review of a dismissal award was dismissed. The court held the arbitrator’s findings on misconduct, consistency, and compensation were reasonable.

• Unfair Dismissal
• Procedural Fairness
• Disciplinary Code
• Inconsistent Discipline
• Compensation For Unfair Dismissal
• Unfair-dismissal