South Africa Case Law

Volsec Security SA (PTY) Ltd v Commission for Conciliation Mediation and Arbitration and Others (JR 2013/2020)

Volsec Security SA (PTY) Ltd v Commission for Conciliation Mediation and Arbitration and Others (JR 2013/2020) [2022] ZALCJHB 305 (3 November 2022)

Court

Labour Court Johannesburg

Case number

JR 2013/2020

Judge

Van Niekerk

Labour Court review of an arbitration award about refusal to transfer. The court held the transfer instruction was reasonable and the dismissals fair.

• Unfair Dismissal
• Review Of Arbitration Award
• Sectoral Determination
• Insolence
• Substantive Fairness
• Procedural Fairness

Zondo v South African Local Government Bargaining Council and Others (JR 2299/18)

Zondo v South African Local Government Bargaining Council and Others (JR 2299/18) [2021] ZALCJHB 51 (31 March 2021)

Court

Labour Court Johannesburg

Case number

JR 2299/18

Judge

Tlhotlhalemaje

Labour Court review of an unfair dismissal award: the court struck an irregular affidavit, upheld the refusal of reinstatement, and increased compensation.

• Unfair Dismissal
• Progressive Discipline
• Compensation Award
• Insubordination
• Remedy Of Reinstatement
• Unfair-dismissal

Mnguni v Mbekwa NO and Others (JR1993/13)

Mnguni v Mbekwa NO and Others (JR1993/13) [2017] ZALCJHB 482 (27 October 2017)

Court

Labour Court Johannesburg

Case number

JR1993/13

Judge

S Snyman

The court found that the arbitrator properly evaluated the evidence and made reasonable findings that the applicant's conduct was rude, aggressive, and intimidatory, disrupting workplace operations and undermining Schoeman's authority. The applicant's actions constituted gross misconduct, and the lack of remorse indicated an irretrievable breakdown of the trust relationship. The arbitrator's decision to uphold dismissal was reasonable and supported by the evidence. The applicant failed to demonstrate any reviewable irregularity or unreasonableness in the award. The review application was dism…

Source excerpt

• Unfair Dismissal
• Insolence
• Intimidation
• Review Of Arbitration Award
• Breakdown Of Trust Relationship

SAMWU obo Gorati v SALGBC and Others (JR1173/13)

SAMWU obo Gorati v SALGBC and Others (JR1173/13) [2016] ZALCJHB 30 (3 February 2016)

Court

Labour Court Johannesburg

Case number

JR1173/13

Judge

E.M Molahlehi

The court found that the applicant failed to provide a satisfactory and comprehensive explanation for the delay in filing the review application. The reasons advanced, including financial constraints, union membership issues, and municipal strikes, were not substantiated with sufficient detail. The applicant did not explain what steps were taken to secure financial assistance or clarify the nature of the union membership problem. Furthermore, the applicant failed to account for a period of twenty days and did not demonstrate prospects of success, as the email was disrespectful and not sent un…

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• Condonation
• Review Of Arbitration Award
• Unfair Dismissal
• Disciplinary Procedure
• Insolence
• Procedural Fairness

Mainganya v Commissioner for Conciliation Mediation And Arbitration and Others (JR2111/10)

Mainganya v Commissioner for Conciliation Mediation And Arbitration and Others (JR2111/10) [2014] ZALCJHB 392 (15 October 2014)

Court

Labour Court Johannesburg

Case number

JR2111/10

Judge

Snider

The court found that the applicant's allegations of corruption and bias against the Commissioner were unsubstantiated and unsupported by evidence. The technical deficiencies in the applicant's affidavits did not warrant dismissal of the application on procedural grounds alone. Upon review of the reconstructed record and the arbitration award, the court concluded that the Commissioner properly considered the evidence of the applicant's persistent insolent behaviour, which rendered him unemployable. The Commissioner’s decision that the dismissal was both procedurally and substantively fair was…

Source excerpt

• Unfair Dismissal
• Review Of Arbitration Award
• Procedural Fairness
• Substantive Fairness
• Insolence
• Reasonable Decision Maker

SATAWU and Another v Arivia (Pty) Ltd t/a Arivia.com and Others (JR 1254/09)

SATAWU and Another v Arivia (Pty) Ltd t/a Arivia.com and Others (JR 1254/09) [2010] ZALC 244 (10 September 2010)

Court

Labour Court

Case number

JR 1254/09

Judge

Bhoola

The court found that the arbitrator did not commit any gross irregularity in the conduct of the arbitration proceedings. The exclusion of certain evidence was justified as it was irrelevant to the misconduct charge, and the admission of unsigned minutes did not prejudice the applicants. The arbitrator properly considered the evidence relating to the charge of insolence and the fairness of the dismissal procedure. The award was reasoned, supported by the evidence, and fell within the bounds of reasonableness. The arbitrator applied his own sense of fairness in determining the appropriateness o…

Source excerpt

• Review Of Arbitration Award
• Insolence
• Dismissal For Misconduct
• Procedural Fairness
• Substantive Fairness

SATAWU and Another v Arivia (Pty) Ltd t/a Arivia.Com and Others (JR1254/09)

SATAWU and Another v Arivia (Pty) Ltd t/a Arivia.Com and Others (JR1254/09) [2010] ZALCJHB 29 (10 September 2010)

Court

Labour Court Johannesburg

Case number

JR1254/09

Judge

Bhoola

The court found that the arbitrator did not commit any gross irregularity in the conduct of the proceedings. The arbitrator properly excluded irrelevant evidence and focused on the misconduct charge, namely insolence, which was substantiated by the evidence. The arbitrator applied the correct legal standard, exercised his own sense of fairness, and provided detailed reasons for his findings. The omission of certain witness testimony was justified as immaterial to the central issue of misconduct. The arbitrator's reference to 'gross' insolence was not a material irregularity, and the award was…

Source excerpt

• Unfair Dismissal
• Insolence
• Arbitration Review
• Procedural Fairness
• Sanction
• Trade Union Rights

Cadema Industries (Pty) Ltd v Commission for Conciliation Mediation and Arbitration (Western Cape Region) and Others (CA1/01)

Cadema Industries (Pty) Ltd v Commission for Conciliation Mediation and Arbitration (Western Cape Region) and Others (CA1/01) [2001] ZALAC 26 (29 June 2001)

Court

Labour Appeal Court

Case number

CA1/01

Judges

R.G Comrie, RMM Zondo, K. van Dijkhorst

The Labour Appeal Court held that a final warning for disruptive conduct could support dismissal for insolence and reinstated the employer’s dismissal decision.

• Insolence
• Disciplinary Sanctions
• Procedural Fairness
• Substantive Fairness
• Review Of Arbitration Award
• Labour-law