Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.
Results update automatically as you type.
South Africa decisions
Decisions matching the current search
Drakenstein Local Municipality v Matjan and Others (C70/2024) [2025] ZALCCT 55 (22 July 2025)
Labour Court review of a constructive dismissal award: the employee did not exhaust remedies, and the award was set aside.
MEC for Health, KwaZulu-Natal v King and Others; Department of Correctional Services v Balkaran NO and Others (D2110/18 ; D67/21) [2025] ZALCD 15; (2025) 46 ILJ 1957 (LC) (31 March 2025)
The Labour Court held that the commissioners in both matters committed a material error by failing to enquire into their jurisdiction to arbitrate disputes referred many years after the cause of action arose. The Court found that, despite section 24 of the LRA not prescribing a referral period, disputes must be referred within a reasonable time, with section 191(1) serving as a benchmark. The commissioners should have required the parties to address jurisdiction and delay, especially given the retrospective relief sought. The awards were reviewed and set aside, and the matters remitted for fr…
Source excerpt
Naidoo v Khosa NO and Others (JR1346/22) [2025] ZALCJHB 131; (2025) 46 ILJ 1971 (LC) (18 March 2025)
The court found that the Mission is not a separate and independent entity but is inextricably linked to DIRCO, which is a national department falling under the jurisdiction of the Bargaining Council. The Administrative Code did not indicate that the applicant's employment was governed by local law, nor did the applicant choose local law as the applicable law. The facts showed that DIRCO controlled the Mission's budget, instructions, and employment decisions. Therefore, the Bargaining Council has jurisdiction to hear the dispute, and the jurisdictional ruling by the commissioner was incorrect.…
Source excerpt
Marweshe v City of Tshwane Metropolitan Municipality and Others (JR82/2024) [2025] ZALCJHB 139 (13 March 2025)
The Labour Court dismissed an application for leave to appeal, finding no reasonable prospects of success on review issues about dismissal, jurisdiction, and null employment contracts.
Seunane v South African Police Service and Others (JR1982/24) [2025] ZALCJHB 93 (5 March 2025)
The Applicant failed to provide a satisfactory and detailed explanation for the excessive 200-day delay in referring his dismissal dispute. The sick note relied upon did not corroborate his claimed period of illness, and no confirmatory affidavit was provided. His prospects of success were not demonstrated beyond a bare denial of the misconduct charges. The Second Respondent correctly applied the legal principles governing condonation, including the need for a reasonable explanation for the delay and the weighing of all relevant factors. The Applicant did not identify any reviewable irregular…
Source excerpt
Motor Industry Bargaining Council v Spartan Service Station (Pty) Ltd ta Spartan Service Station and Others (J2027/2022) [2025] ZALCD 6 (17 February 2025)
The court found that condonation for the late delivery of the review application should be granted due to a reasonable explanation for the delay, excellent prospects of success, and the absence of prejudice to the respondent. The third respondent erred in ruling that she lacked jurisdiction to interpret the collective agreement under s33A, as s33A(7) expressly empowers arbitrators to determine disputes concerning the interpretation or application of collective agreements. The court rejected previous Labour Court decisions that limited locus standi under s24 to parties to the agreement, holdin…
Source excerpt
Minister of Justice and Constitutional Development v General Public Service Sectoral Bargaining Council and Others (JR1897/20) [2025] ZALCJHB 47; (2025) 46 ILJ 1207 (LC) (11 February 2025)
The court found that the archiving order was granted in the absence of proper service on the Minister and that the arbitrator, Ramabulana, lacked locus standi to bring the application. The rescission application was therefore granted. The court further held that, although the Minister's founding affidavit did not address all condonation requirements under clear headings, the explanation for delay was reasonable and the prospects of success in the review application were excellent, particularly regarding the jurisdictional challenge and the irregularities in the arbitration award. The interest…
Source excerpt
Keswa and Another v Office of Premier and Others (D320/23) [2025] ZALCD 5 (10 February 2025)
The court found that no binding decision was made by the first respondent to upgrade the applicants' posts from level 9 to 12, as the necessary approvals were not obtained and the job evaluation process was incomplete. The applicants' reliance on submissions and recommendations did not amount to a final decision. The court further held that the bargaining council does have jurisdiction over the applicants' unfair labour practice dispute concerning the provision of benefits, as grading disputes are encompassed within such claims under the LRA. The arbitrator's ruling denying jurisdiction was t…
Source excerpt
South African Municipal Workers Union obo Mahlangu and Others v City of Tshwane Metropolitan Municipality (JS 211/2024) [2025] ZALCJHB 39 (31 January 2025)
The Labour Court refused condonation for a late unfair dismissal referral arising from an unprotected strike, finding the delay excessive and inadequately explained.
SAMWU obo Mogorosi and Others v South African Local Government Bargaining Council and Others (Jr1528/2020) [2025] ZALCJHB 26 (24 January 2025)
The Labour Court set aside a bargaining council award, finding the unfair dismissal referral was late and the council lacked jurisdiction to arbitrate.
Explore more
