South Africa Case Law

Sanitech (Pty) Ltd v Commission for Conciliation Mediation and Arbitration and Others (JR1375/20)

Sanitech (Pty) Ltd v Commission for Conciliation Mediation and Arbitration and Others (JR1375/20) [2025] ZALCJHB 202 (28 May 2025)

Court

Labour Court Johannesburg

Case number

JR1375/20

Judge

B Mahalelo

Labour Court review of a constructive dismissal award arising from a Covid-19 salary cut. The court found the resignation premature and set the award aside.

• Constructive Dismissal
• Covid 19 Salary Reduction
• Review Of Arbitration Award
• Onus Of Proof
• Intolerability Test
• Constructive-dismissal

Westcor SA (Pty) Ltd v Mey and Others (C189/2021)

Westcor SA (Pty) Ltd v Mey and Others (C189/2021) [2022] ZALCCT 61; (2023) 44 ILJ 397 (LC) (22 November 2022)

Court

Labour Court Cape Town

Case number

C189/2021

Judge

Harvey AJ

The court found that the employee's resignation was a direct result of the employer's unilateral and indefinite 25% salary reduction, which rendered continued employment intolerable given her financial hardship and lack of reasonable alternatives. The employer's conduct was not justified by consultation or disclosure of financial information, and its refusal to consider alternatives or provide a timeline for restoring full salary exacerbated the intolerability. The arbitrator's award of six months' compensation for unfair dismissal was reasonable and supported by the evidence. The review appl…

Source excerpt

• Constructive Dismissal
• Unilateral Salary Reduction
• Covid 19 Employment Measures
• Intolerability Test
• Compensation For Unfair Dismissal

Shoprite Checkers (Pty) Ltd v Nkosi and Others (JR625/20)

Shoprite Checkers (Pty) Ltd v Nkosi and Others (JR625/20) [2022] ZALCJHB 137; (2022) 43 ILJ 1386 (LC) (20 May 2022)

Court

Labour Court Johannesburg

Case number

JR625/20

Judge

P Nkutha-Nkontwana

The Labour Court dismissed Shoprite’s application for leave to appeal, finding no reasonable prospects of success and making no costs order.

• Leave To Appeal
• Constructive Dismissal
• Prospects Of Success
• Intolerability Test
• Leave-to-appeal
• Constructive-dismissal