South Africa Case Law

Nthuli v General Public Service Sector Bargaining Council and Others (JR1825/22)

Nthuli v General Public Service Sector Bargaining Council and Others (JR1825/22) [2025] ZALCJHB 151 (25 April 2025)

Court

Labour Court Johannesburg

Case number

JR1825/22

Judge

Phakedi

The court held that the arbitrator was correct in refusing condonation for the late referral of the unfair labour practice dispute. The applicant failed to provide a satisfactory and comprehensive explanation for the delay, particularly for the period between 2010 and 2016. The court found that waiting for internal grievance procedures to be exhausted is not a valid reason for non-compliance with statutory time limits under the LRA. The arbitrator's consideration of the Department's late answering affidavit did not affect the fairness of the proceedings, as the condonation application would h…

Source excerpt

• Condonation
• Unfair Labour Practice
• Review Test
• Promotion Of Administrative Justice Act
• Jurisdictional Issue

May and Another v Nuwerus Vines(PTY) Ltd (C215/2017)

May and Another v Nuwerus Vines(PTY) Ltd (C215/2017) [2022] ZALCCT 30 (21 June 2022)

Court

Labour Court Cape Town

Case number

C215/2017

Judge

Lagrange

The Labour Court set aside an arbitrator’s finding that two long-serving employees had resigned, held they were dismissed, and awarded each two months’ compensation.

• Unfair Dismissal
• Jurisdictional Issue
• Compensation
• Review Of Arbitration Award
• Unfair-dismissal
• Resignation

Agricultural Research Council v Commission for Conciliation, Mediation and Arbitration and Others (JR2548/15)

Agricultural Research Council v Commission for Conciliation, Mediation and Arbitration and Others (JR2548/15) [2018] ZALCJHB 37; (2018) 39 ILJ 1297 (LC) (31 January 2018)

Court

Labour Court Johannesburg

Case number

JR2548/15

Judge

Cele

Labour Court review of a fixed-term contract dispute dismissed, after finding a reasonable expectation of renewal and confirming the award as an order of court.

• Fixed Term Contracts
• Reasonable Expectation Of Renewal
• Unfair Dismissal
• Jurisdictional Issue
• Review Of Arbitration Award
• Fixed-term-contracts

Niland v Ntabeni NO and Others (PR33/16)

Niland v Ntabeni NO and Others (PR33/16) [2017] ZALCPE 6; [2017] 5 BLLR 521 (LC); (2017) 38 ILJ 1686 (LC) (24 February 2017)

Court

Labour Court Port Elizabeth

Case number

PR33/16

Judge

Steenkamp

The applicant failed to prove that the employer made continued employment intolerable. Although the arbitrator's failure to consider written submissions rendered the award reviewable, the evidence before the court showed that the applicant continued working for two years after discovering the affair and did not confront the employer about intolerable conditions prior to resignation. The applicant's decision to leave was motivated by alternative employment opportunities rather than intolerable conduct by the employer. The requirements for constructive dismissal under section 186(1)(e) of the L…

Source excerpt

• Constructive Dismissal
• Review Of Arbitration Award
• Jurisdictional Issue
• Onus Of Proof
• Remedies Under Lra

Solidarity and Others v Landman and Others (JS600/03)

Solidarity and Others v Landman and Others (JS600/03) [2015] ZALCJHB 454 (8 December 2015)

Court

Labour Court Johannesburg

Case number

JS600/03

Judge

Van Niekerk

The Labour Court granted absolution from the instance after finding no evidence that the applicants were dismissed by Landman, and the CCMA referral was premature.

• Unfair Dismissal
• Automatic Unfair Dismissal
• Transfer Of Business
• Jurisdictional Issue
• Absolution From Instance
• Unfair-dismissal