South Africa Case Law

Mathebe v Cullinan Diamond Mine (Pty) Ltd (JS382/2023)

Mathebe v Cullinan Diamond Mine (Pty) Ltd (JS382/2023) [2025] ZALCJHB 330 (1 August 2025)

Court

Labour Court Johannesburg

Case number

JS382/2023

Judge

Anestidis

The Labour Court does not have jurisdiction to entertain the applicant's claims for general damages and loss of earnings, as such relief is not contemplated by the Labour Relations Act or the Basic Conditions of Employment Act. The applicant failed to refer any unfair labour practice to the CCMA or a bargaining council, and did not plead any contractual breach or valid claim under the Mine Health and Safety Act. Furthermore, the applicant's claims have prescribed under the Prescription Act, as the cause of action arose no later than 28 February 2018 and the claim was only instituted in July 2…

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• Jurisdiction Of Labour Court
• Prescription Act
• Unfair Labour Practice
• Mine Health And Safety Act
• Contract Of Employment
• General Damages

Maqashalala v Consol Glass and Others (JS542/23)

Maqashalala v Consol Glass and Others (JS542/23) [2025] ZALCJHB 327 (31 July 2025)

Court

Labour Court Johannesburg

Case number

JS542/23

Judge

R Itzkin

The Labour Court held that the pleaded case fell within its jurisdiction as an automatically unfair dismissal claim, but allowed time to withdraw a pending bargaining council referral.

• Automatically Unfair Dismissal
• Lis Alibi Pendens
• Jurisdiction Of Labour Court
• Referral To Bargaining Council
• Automatically-unfair-dismissal
• Labour-court-jurisdiction

Hutchinson v Global Business Administrators (Pty) Ltd and Another (2025/112376)

Hutchinson v Global Business Administrators (Pty) Ltd and Another (2025/112376) [2025] ZALCJHB 321 (24 July 2025)

Court

Labour Court Johannesburg

Case number

2025/112376

Judge

M Makhura

The applicant failed to prove that he was an employee of the first respondent after December 2023. He did not plead or substantiate the existence or terms of any employment contract, nor did he provide evidence of salary payments or employment after December 2023. The respondents' evidence, including invoices from Trinity Equity Holdings (Pty) Ltd for services rendered, established that the relationship was one of service provision, not employment. The applicant's reliance on an old payslip and his denial of the invoices were insufficient to establish an employment relationship. As a result,…

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• Jurisdiction Of Labour Court
• Contract Of Employment
• Repudiation Of Contract
• Urgent Application Abuse

Ndlovu and Others v University of Witwatersrand (J 1775/22)

Ndlovu and Others v University of Witwatersrand (J 1775/22) [2025] ZALCJHB 265 (2 July 2025)

Court

Labour Court Johannesburg

Case number

J 1775/22

Judge

F Venter

The Labour Court dismissed bus drivers’ application against Wits, finding no unilateral change to conditions of employment and that the money claim raised factual disputes.

• Unilateral Change To Conditions Of Employment
• Jurisdiction Of Labour Court
• Prescription
• Basic Conditions Of Employment Act
• Disputes Of Fact
• Motion Vs Trial Proceedings

Sehlabaka and Others v Passenger Rail Agency of South Africa Soc Ltd (J1030/2023)

Sehlabaka and Others v Passenger Rail Agency of South Africa Soc Ltd (J1030/2023) [2025] ZALCJHB 283 (24 June 2025)

Court

Labour Court Johannesburg

Case number

J1030/2023

Judge

M T M Phehane

The Labour Court dismissed the application, finding it lacked jurisdiction to adjudicate the applicants' claims for further disclosure and payment of interest and benefits related to backpay. The amounts due to the applicants were determined and paid pursuant to previous court orders, not under the BCEA, and any enforcement must be through contempt proceedings. The applicants failed to plead a breach of contract or specify any quantifiable claim, and their application amounted to a fact-finding expedition rather than a substantive legal claim. The provisions of the BCEA regarding interest and…

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• Reinstatement
• Backpay Computation
• Jurisdiction Of Labour Court
• Interest On Remuneration
• Particulars Of Employment
• Costs Award

Choko-Choko and Others v Tharisa Minerals (Pty) Ltd (2025/072040)

Choko-Choko and Others v Tharisa Minerals (Pty) Ltd (2025/072040) [2025] ZALCJHB 233 (19 June 2025)

Court

Labour Court Johannesburg

Case number

2025/072040

Judge

Prinsloo

The Labour Court's jurisdiction to intervene in incomplete disciplinary proceedings is strictly limited to exceptional circumstances, which the applicant failed to establish. The application was moot as the disciplinary hearing had already taken place, and no reasonable apprehension of future harm was demonstrated. The applicant did not satisfy the requirements for an interim interdict, particularly the existence of a prima facie right and irreparable harm. The applicant had alternative remedies available, such as internal appeal and unfair dismissal proceedings. The application was meritless…

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• Interim Interdict
• Jurisdiction Of Labour Court
• Exceptional Circumstances
• Unprotected Strike
• Disciplinary Proceedings
• Costs De Bonis Propriis

Vilakazi v Mpumalanga Tourism and Parks Agency and Others (J2025/067794)

Vilakazi v Mpumalanga Tourism and Parks Agency and Others (J2025/067794) [2025] ZALCJHB 216 (13 June 2025)

Court

Labour Court Johannesburg

Case number

J2025/067794

Judge

AH Shene

The Labour Court dismissed an urgent application to uplift a long suspension, holding that the matter was res judicata, outside its jurisdiction, and not urgent.

• Unlawful Suspension
• Urgent Application
• Res Judicata
• Jurisdiction Of Labour Court
• Costs Award
• Unlawful-suspension

Truworths Limited v Peter (CA15/2024)

Truworths Limited v Peter (CA15/2024) [2025] ZALAC 37 (5 June 2025)

Court

Labour Appeal Court

Case number

CA15/2024

Judges

Savage JA, Musi, Waglay AJA

The Labour Appeal Court held that an automatically unfair dismissal claim based on protected disclosure could not be adjudicated without prior conciliation.

• Protected Disclosure
• Automatically Unfair Dismissal
• Jurisdiction Of Labour Court
• Conciliation Requirement
• Special Plea
• Condonation

MEC Health Limpopo Head of Department of Health v Makgoba Others (JA121/2022)

MEC Health Limpopo Head of Department of Health v Makgoba Others (JA121/2022) [2025] ZALAC 33 (4 June 2025)

Court

Labour Appeal Court

Case number

JA121/2022

Judges

Van Niekerk, Nkutha-Nkontwana, Basson

The Labour Court erred in granting declaratory relief declaring the employer's failure to implement clause 18.1 of the collective agreement unlawful. The Labour Relations Act provides specific mechanisms for enforcing collective agreements and arbitration awards, and does not empower the Labour Court to make general declarations of unlawfulness in such circumstances. Unfair labour practice disputes must be referred to arbitration, not adjudicated by the Labour Court. The respondents did not plead a contractual claim under section 77(3) of the Basic Conditions of Employment Act, and thus the L…

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• Enforcement Of Arbitration Award
• Collective Agreement
• Jurisdiction Of Labour Court
• Unfair Labour Practice
• Declaratory Relief

Victor v Department of Basic Education (J448/2024)

Victor v Department of Basic Education (J448/2024) [2025] ZALCJHB 182 (15 May 2025)

Court

Labour Court Johannesburg

Case number

J448/2024

Judge

GC Phakedi

The Labour Court dismissed an unopposed salary-adjustment claim where the applicant relied on correspondence, not a contractual term, to found jurisdiction.

• Contract Of Employment
• Jurisdiction Of Labour Court
• Declaratory Relief
• Promotion Disputes
• Labour-court-jurisdiction
• Employment-contract