South Africa Case Law

Golden Arrow Bus Services (Pty) Ltd v Commission for Conciliation Mediation and Arbitration and Others (CA10/2024)

Golden Arrow Bus Services (Pty) Ltd v Commission for Conciliation Mediation and Arbitration and Others (CA10/2024) [2025] ZALAC 38 (19 June 2025)

Court

Labour Appeal Court

Case number

CA10/2024

Judges

Savage, Musi, Waglay

The Labour Appeal Court held that the commissioner’s refusal to order reinstatement was reasonable and supported by compelling evidence. The respondent, a senior manager, failed to take responsibility for the problems during the smartcard rollout, refused to cooperate with the investigation, and made unfounded accusations against management. These actions objectively demonstrated a breakdown of trust and accountability, meeting the high threshold of intolerability required by section 193(2)(b) of the Labour Relations Act. The Labour Court was not justified in interfering with the commissioner…

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• Unfair Dismissal
• Reinstatement
• Intolerability Threshold
• Remedies Under Lra
• Breakdown Of Trust
• Compensation

Mathebula v General Public Service Sectoral Bargaining Council and Others (JA16/18)

Mathebula v General Public Service Sectoral Bargaining Council and Others (JA16/18) [2024] ZALAC 4; [2024] 5 BLLR 476 (LAC); (2024) 45 ILJ 979 (LAC) (7 February 2024)

Court

Labour Appeal Court

Case number

JA16/18

Judges

Molahlehi, Smith, Malindi

The Labour Appeal Court found that the Labour Court erred in refusing reinstatement after finding the dismissal substantively and procedurally unfair. The Labour Court's reliance on the appellant's unsubstantiated statement about a conspiracy was misplaced and not supported by evidence. The employer failed to discharge its burden to show that reinstatement was intolerable or impracticable, as required by section 193(2) of the Labour Relations Act. The appellant was denied the opportunity to present evidence regarding reinstatement, and the facts and circumstances did not justify deviation fro…

Source excerpt

• Unfair Dismissal
• Reinstatement
• Compensation
• Intolerability Threshold
• Labour Relations Act
• Procedural Fairness

Browns the Diamond Store (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (JR1091/22)

Browns the Diamond Store (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (JR1091/22) [2023] ZALCJHB 189; [2023] 10 BLLR 1033 (LC); (2023) 44 ILJ 2528 (LC) (19 June 2023)

Court

Labour Court Johannesburg

Case number

JR1091/22

Judge

Nkutha-Nkontwana

Labour Court review of a CCMA constructive dismissal award succeeded. The court found the employee resigned because of looming discipline, not intolerable working conditions.

• Constructive Dismissal
• Ccma Jurisdiction
• Review Test Correctness
• Intolerability Threshold
• Section 186 1 E Lra
• Constructive-dismissal

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

Shoprite Checkers (Pty) Ltd v Nkosi and Others (JR625/20) [2022] ZALCJHB 4; [2022] 5 BLLR 469 (LC) (7 February 2022)

Court

Labour Court Johannesburg

Case number

JR625/20

Judge

P Nkutha-Nkontwana

The court found that Mr Nkosi failed to provide substantial and concrete evidence of intolerability as required for constructive dismissal. His grievances were either addressed or did not reach the threshold of intolerability. The Commissioner misconstrued the jurisdictional enquiry and incorrectly found that Mr Nkosi was dismissed. As a result, the arbitration award was reviewed and set aside, and substituted with an order that Mr Nkosi failed to prove dismissal under section 186(1)(e) of the LRA. The CCMA therefore lacked jurisdiction to entertain the dispute.

Source excerpt

• Constructive Dismissal
• Jurisdiction Of Ccma
• Review Of Arbitration Award
• Intolerability Threshold
• Section 186 Lra

Gold One Limited v Madalani and Others (JR 1109/15)

Gold One Limited v Madalani and Others (JR 1109/15) [2020] ZALCJHB 180; (2020) 41 ILJ 2832 (LC); [2021] 2 BLLR 198 (LC) (9 September 2020)

Court

Labour Court Johannesburg

Case number

JR 1109/15

Judge

Nkutha-Nkontwana

The court found that Ms Madalani failed to establish that her resignation was due to intolerable conduct by Gold One Limited. The timekeeping and clocking requirements were operationally justified and did not violate her employment contract. The induction and counselling sessions were reasonable and intended to address workplace issues, not to force her resignation. Ms Madalani had alternative remedies to resolve her grievances but chose not to pursue them. The threshold for intolerability was not met, and the evidence did not support a finding of constructive dismissal. Consequently, the CCM…

Source excerpt

• Constructive Dismissal
• Jurisdiction Of Ccma
• Intolerability Threshold
• Review Of Arbitration Award
• Section 186 1 E Lra

HC Heat Exchangers (Pty) Ltd v Araujo and Others (JR155/16)

HC Heat Exchangers (Pty) Ltd v Araujo and Others (JR155/16) [2019] ZALCJHB 275; [2020] 3 BLLR 280 (LC) (8 October 2019)

Court

Labour Court Johannesburg

Case number

JR 155/16

Judge

S Snyman

Labour Court review of a bargaining council award on constructive dismissal. The court found the employee resigned before exhausting the grievance process and was not dismissed.

• Constructive Dismissal
• Review Of Arbitration Award
• Jurisdiction Of Bargaining Council
• Grievance Procedure
• Onus Of Proof
• Intolerability Threshold

South African Police Service v Safety And Security Sectoral Bargaining Council and Others (C09/2010)

South African Police Service v Safety And Security Sectoral Bargaining Council and Others (C09/2010) [2010] ZALCCT 5 (28 May 2010)

Court

Labour Court Cape Town

Case number

C09/2010

Judge

Cheadle

The court found that the arbitrator failed to properly apply the objective test for constructive dismissal. The applicant was not aware of Mr Hattingh's specific reasons for refusing the placement in the finance section, and the decision to resign precluded the applicant from considering alternative suitable positions. The arbitrator's reasoning did not adequately address the existence of reasonable alternatives to resignation and failed to recognize that the placement decision was not final. These failures constituted reviewable irregularities. Accordingly, the arbitration award was set asid…

Source excerpt

• Constructive Dismissal
• Review Of Arbitration Award
• Condonation
• Unfair Dismissal
• Intolerability Threshold

South African Police Services v Safety and Security Sectoral Bargaining Council and Others (C09/2010)

South African Police Services v Safety and Security Sectoral Bargaining Council and Others (C09/2010) [2010] ZALC 232 (28 May 2010)

Court

Labour Court

Case number

C09/2010

Judge

Cheadle

Labour Court review of a constructive dismissal award was upheld because the arbitrator’s reasoning was flawed and alternative placements were not properly considered.

• Constructive Dismissal
• Unfair Dismissal
• Review Of Arbitration Award
• Intolerability Threshold
• Alternative Placement
• Condonation