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South Africa Case Law

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Labour Law [2025] ZALCJHB 335

Rakgogo v South African Local Government Bargaining Council (SALGBC) and Others (JR380/24)

Rakgogo v South African Local Government Bargaining Council (SALGBC) and Others (JR380/24) [2025] ZALCJHB 335 (31 July 2025)

Labour Court dismissed a review of an award upholding dismissal for insubordination after a municipal employee refused a transfer instruction.

  • Unfair Dismissal
  • Insubordination
  • Municipal Staff Regulations
  • Arbitration Review
  • Operational Requirements
  • Arbitration-review
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Labour Law [2025] ZALAC 19

Strado Remanufacturing (Pty) Ltd v Diphoko N.O and Others (JA 103/23)

Strado Remanufacturing (Pty) Ltd v Diphoko N.O and Others (JA 103/23) [2025] ZALAC 19; [2025] 6 BLLR 576 (LAC) (20 March 2025)

Labour Appeal Court held the arbitrator ignored material credibility evidence, set aside the award, and ordered reinstatement with a final written warning.

  • Unfair Dismissal
  • Insubordination
  • Arbitration Review
  • Reinstatement
  • Disciplinary Sanctions
  • Unfair-dismissal
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Labour Law [2025] ZALAC 17

Department of Correctional Services v Kutu and Others (JA27/2024)

Department of Correctional Services v Kutu and Others (JA27/2024) [2025] ZALAC 17; [2025] 6 BLLR 551 (LAC); (2025) 46 ILJ 1331 (LAC) (14 March 2025)

The Labour Appeal Court upheld dismissal for insubordination after a correctional officer refused to escort an inmate to hospital, and dismissed a cross-appeal.

  • Insubordination
  • Unfair Dismissal
  • Disciplinary Procedure
  • Review Test
  • Condonation Of Non Compliance
  • Dismissal
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Labour Law [2025] ZALCJHB 49

Pioneer Foods (Pty) Ltd t/a Aeroton Bakery v Commission for Conciliation, Mediation and Arbitration and Others (JR2096/21)

Pioneer Foods (Pty) Ltd t/a Aeroton Bakery v Commission for Conciliation, Mediation and Arbitration and Others (JR2096/21) [2025] ZALCJHB 49 (13 February 2025)

Labour Court review of a CCMA award dismissed after finding the employer failed to prove a clear manual-mixing instruction and did not show reviewable error.

  • Unfair Dismissal
  • Insubordination
  • Failure To Follow Instruction
  • Review Of Arbitration Award
  • Onus Of Proof
  • Retrospective Reinstatement
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Labour Law [2024] ZALCCT 63

Argon Asset Management (Pty) Ltd v Commission For Conciliation Mediation and Arbitration and Others (C477/2022)

Argon Asset Management (Pty) Ltd v Commission For Conciliation Mediation and Arbitration and Others (C477/2022) [2024] ZALCCT 63 (19 November 2024)

Labour Court review of a CCMA award: the Court held the dismissal of a senior executive was substantively and procedurally fair and set aside reinstatement.

  • Unfair Dismissal
  • Breakdown Of Trust Relationship
  • Procedural Fairness
  • Legal Representation At Disciplinary
  • Substantive Fairness
  • Condonation Of Late Filing
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Labour Law [2024] ZALCD 43

Govender v Mondi South Africa (Pty) Ltd and Others (D144/2021)

Govender v Mondi South Africa (Pty) Ltd and Others (D144/2021) [2024] ZALCD 43 (6 November 2024)

Labour Court review of an arbitration award upheld a dismissal for insubordination, granted condonation for a late record, and dismissed the review.

  • Unfair Dismissal
  • Review Of Arbitration Award
  • Procedural Fairness
  • Substantive Fairness
  • Condonation
  • Disciplinary Code
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Labour Law [2024] ZALCPE 41

Goodyear South Africa (Pty) Ltd v Commission for Conciliation Mediation and Arbitration and Others (PR142/22)

Goodyear South Africa (Pty) Ltd v Commission for Conciliation Mediation and Arbitration and Others (PR142/22) [2024] ZALCPE 41; [2025] 1 BLLR 35 (LC) (6 November 2024)

The Labour Court dismissed Goodyear’s review of a CCMA award, upholding findings that 54 dismissals for insubordination were substantively unfair.

  • Unfair Dismissal
  • Insubordination
  • Collective Misconduct
  • Disciplinary Procedure
  • Consistency In Discipline
  • Arbitration Review
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Labour Law [2024] ZALCJHB 408

Rolfes Chemicals (Pty) Ltd v Moni N.O and Others (JR 2734/19; JR 472/21)

Rolfes Chemicals (Pty) Ltd v Moni N.O and Others (JR 2734/19; JR 472/21) [2024] ZALCJHB 408 (14 October 2024)

Labour Court held that refusing reasonable polygraph-related instructions amid stock-theft suspicions was gross insubordination; dismissals of two employees were fair.

  • Insubordination
  • Polygraph Testing
  • Substantive Fairness
  • Review Of Arbitration Award
  • Duty Of Good Faith
  • Disciplinary Procedure
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Labour Law [2024] ZALCJHB 398

Department of Sports, Arts and Culture and Recreation v General Public Service Sector Bargaining Council and Others (JR1086/21)

Department of Sports, Arts and Culture and Recreation v General Public Service Sector Bargaining Council and Others (JR1086/21) [2024] ZALCJHB 398 (30 September 2024)

The court held that the arbitrator's findings regarding Mr Kolanisi's lack of authority to recommend appointments, reliance on the selection panel, and the absence of gross misconduct or breach of fiduciary duty were reasonable and supported by the evidence. The applicant failed to establish any gross irregularity or misconduct by the arbitrator. The arbitrator properly considered the seriousness of the misconduct, the effect on the trust relationship, and Mr Kolanisi's clean record and years of service in determining the appropriateness of the sanction. The limitation of backpay to nine mont…

  • Unfair Dismissal
  • Arbitration Review
  • Reinstatement
  • Backpay Discretion
  • Fiduciary Duty
  • Insubordination
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Labour Law [2024] ZALCJHB 291

Mukhari v Education Labour Relations Council and Others (JR2432/21)

Mukhari v Education Labour Relations Council and Others (JR2432/21) [2024] ZALCJHB 291 (2 August 2024)

Review of an ELRC award dismissed: the Labour Court held the applicant's conduct amounted to disrespect under the Educators Act, and the sanction stood.

  • Unfair Labour Practice
  • Disciplinary Action
  • Insolence And Disrespect
  • Review Of Arbitration Award
  • Employment Of Educators Act
  • Labour-law
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.