South Africa Case Law

Legend Logistics v SATAWU obo T.M and Others (JR831/24)

Legend Logistics v SATAWU obo T.M and Others (JR831/24) [2025] ZALCJHB 85 (27 February 2025)

Court

Labour Court Johannesburg

Case number

JR831/24

Judge

Mkwibiso

The court found that the employee's conduct was not work-related and occurred outside the workplace. The employer had no jurisdiction to discipline her for conduct that did not affect the workplace directly. The employee was not dishonest, as she genuinely believed her colleague was the father of her child and had no objection to a paternity test. The mere fact that her suspicion was incorrect did not amount to misconduct. The Commissioner’s decision that the dismissal was substantively unfair was reasonable and should not be disturbed.

Source excerpt

• Unfair Dismissal
• Jurisdiction Of Employer
• Substantive Fairness
• Dishonesty
• Compensation Award

Smith v National Lotteries Commission and Another (JR358/18)

Smith v National Lotteries Commission and Another (JR358/18) [2018] ZALCJHB 198 (18 May 2018)

Court

Labour Court Johannesburg

Case number

JR358/18

Judge

Nkutha-Nkontwana

The Labour Court dismissed an urgent challenge to disciplinary proceedings against a Distributing Agency member, finding non-joinder, alternative remedies, and no exceptional basis to intervene.

• Disciplinary Proceedings
• Non Joinder
• Declaratory Relief
• Alternative Remedy
• Jurisdiction Of Employer
• Disciplinary-proceedings

Mtati v KPMG Services (Pty) Ltd (J2277/16)

Mtati v KPMG Services (Pty) Ltd (J2277/16) [2016] ZALCJHB 403; [2017] 3 BLLR 315 (LC); (2017) 38 ILJ 1362 (LC) (18 October 2016)

Court

Labour Court Johannesburg

Case number

J2277/16

Judge

Molahlehi E

The court held that the applicant's second resignation with immediate effect terminated the employment contract, thereby depriving the respondent of any jurisdiction to discipline her. The employer's authority to discipline only persists during the notice period if the employee is still serving notice. However, once the employee resigns with immediate effect, the employment relationship ends and the employer loses all disciplinary powers. The disciplinary hearing and the subsequent dismissal were declared null and void, as they occurred after the employment contract had ended. The court furth…

Source excerpt

• Resignation
• Disciplinary Proceedings
• Jurisdiction Of Employer
• Urgent Interdict
• Employment Contract Termination

Radebe v MEC: Health Eastern Cape and Others (D1066/2012)

Radebe v MEC: Health Eastern Cape and Others (D1066/2012) [2014] ZALCD 27; (2015) 36 ILJ 478 (LC) (5 June 2014)

Court

Labour Court Durban

Case number

D1066/2012

Judge

D H Gush

The Labour Court held that the applicant had already transferred to the second respondent, so the first respondent lacked authority to dismiss her.

• Transfer Of Employees
• Jurisdiction Of Employer
• Unfair Dismissal
• Implementation Protocol
• Arbitration Review
• Transfer-of-employees

Litha v Madonsela and Others (12369/05)

Litha v Madonsela and Others (12369/05) [2005] ZAGPHC 106; (2006) 27 ILJ 780 (W) (6 October 2005)

Court

High Courts - Gauteng

Case number

12369/05

Judge

Tsoka

The High Court held that the Minister of Transport, not the Railway Safety Regulator Board, was the applicant’s employer and had exclusive disciplinary authority.

• Disciplinary Proceedings
• Protected Disclosure
• Employment Status
• Public Sector Employment
• Jurisdiction Of Employer
• Disciplinary-proceedings