South Africa Case Law

Mvelatrans (Pty) Ltd t/a Bojanala Bus Services v DEMAWUSA and Others (2025/076663)

Mvelatrans (Pty) Ltd t/a Bojanala Bus Services v DEMAWUSA and Others (2025/076663) [2025] ZALCJHB 226 (20 June 2025)

Court

Labour Court Johannesburg

Case number

2025/076663

Judge

Daniels

The court found that the applicant failed to establish a prima facie right to the relief sought. The interpretation of clause 18.3 of the Main Collective Agreement does not require that the strike notice be issued only after the expiry of the cooling-off period; rather, the notice may be issued during the cooling-off period provided the strike commences after its expiry. This interpretation aligns with the least restrictive approach to the constitutional right to strike and the objects of the LRA. The jurisdictional ruling of the Bargaining Council does not preclude protected strike action on…

Source excerpt

• Protected Strike
• Collective Agreement Interpretation
• Cooling Off Period
• Jurisdictional Ruling
• Strike Notice Requirements

Nombewu v Commission for Conciliation, Mediation and Arbitration and Others (C564/2022)

Nombewu v Commission for Conciliation, Mediation and Arbitration and Others (C564/2022) [2025] ZALCCT 30 (15 May 2025)

Court

Labour Court Cape Town

Case number

C564/2022

Judge

R Lagrange

The Labour Court set aside a CCMA ruling after finding the commissioner wrongly excluded legal representation and failed to assist the employee adequately.

• Unfair Dismissal
• Legal Representation
• Helping Hand Principle
• Jurisdictional Ruling
• Unfair-dismissal
• Legal-representation

Marweshe and Others v City of Tshwane Metropolitan Municipality and Others (JR82/2024)

Marweshe and Others v City of Tshwane Metropolitan Municipality and Others (JR82/2024) [2024] ZALCJHB 543 (9 December 2024)

Court

Labour Court Johannesburg

Case number

JR82/2024

Judge

Daniels

The Labour Court dismissed a review of an arbitration award, holding the applicants’ fixed-term municipal contracts were unlawful because the posts were not on the staff establishment.

• Municipal Staff Establishment
• Unlawful Employment Contract
• Jurisdictional Ruling
• Review Of Arbitration Award
• Irregular Expenditure
• Labour-law

Ntukwana v Minister of Home Affairs General Public Service Sectoral and Others (JR2511/2023)

Ntukwana v Minister of Home Affairs General Public Service Sectoral and Others (JR2511/2023) [2024] ZALCJHB 487 (5 December 2024)

Court

Labour Court Johannesburg

Case number

JR2511/2023

Judge

Prinsloo

The Labour Court dismissed a review of a condonation refusal, holding that the applicant gave no comprehensive explanation for a 28-day late referral.

• Condonation
• Unfair Labour Practice
• Late Referral
• Jurisdictional Ruling
• Prospects Of Success
• Late-referral

NUMSA obo Mosikili and Others v Eskom Holdings Soc Ltd and Others (JR802/23)

NUMSA obo Mosikili and Others v Eskom Holdings Soc Ltd and Others (JR802/23) [2024] ZALCJHB 430 (12 November 2024)

Court

Labour Court Johannesburg

Case number

JR802/23

Judge

B.L. Roode

The Applicants failed to file the record within the prescribed 60-day period as required by the Practice Manual and did not apply for condonation or reinstatement. The Rule 7A(5) notice confirmed that a record was available, and it was incumbent on the Applicants to uplift and file it. The Court found the Applicants' submissions regarding the non-existence of the record to be contradictory and unpersuasive. In line with binding precedent and the Practice Manual, the review application is deemed withdrawn, and the Labour Court lacks jurisdiction to entertain it. The Applicants may apply for re…

Source excerpt

• Review Application
• Practice Manual Compliance
• Jurisdictional Ruling
• Automatic Unfair Dismissal

NEHAWU obo Cupido v Department of Social Development, Northern Cape and Others (C313/2018)

NEHAWU obo Cupido v Department of Social Development, Northern Cape and Others (C313/2018) [2024] ZALCCT 52 (11 November 2024)

Court

Labour Court Cape Town

Case number

C313/2018

Judge

R Lagrange

The Labour Court refused to reinstate a late review, finding the delay grossly excessive and inadequately explained, and awarded costs.

• Condonation For Late Filing
• Unfair Labour Practice Promotion
• Jurisdictional Ruling
• Practice Manual Compliance
• Condonation-for-late-filing
• Unfair-labour-practice-promotion

Mpe v Polokwane Local Municipality and Others (JR101/2023)

Mpe v Polokwane Local Municipality and Others (JR101/2023) [2024] ZALCJHB 426 (7 November 2024)

Court

Labour Court Johannesburg

Case number

JR101/2023

Judge

Prinsloo

The Labour Court dismissed a review of a bargaining council jurisdiction ruling, granting condonation but finding the review grounds vague and based on the wrong test.

• Jurisdictional Ruling
• Res Judicata
• Review Test Correctness
• Condonation
• Unfair Labour Practice
• Costs Award

Jeftha v Public Health and Social Development Sectoral Bargaining Council and Others (C147/2022)

Jeftha v Public Health and Social Development Sectoral Bargaining Council and Others (C147/2022) [2024] ZALCCT 42 (6 September 2024)

Court

Labour Court Cape Town

Case number

C147/2022

Judge

De Wet

The Labour Court set aside a jurisdictional ruling in a benefits dispute and remitted the unfair labour practice matter for fresh arbitration before a different arbitrator.

• Unfair Labour Practice
• Benefits Dispute
• Jurisdictional Ruling
• Remuneration Package
• Pension Fund Contributions
• Unfair-labour-practice

November v Kele Mining Solutions and Others (JR217/23)

November v Kele Mining Solutions and Others (JR217/23) [2024] ZALCJHB 281 (31 July 2024)

Court

Labour Court Johannesburg

Case number

JR 217/23

Judge

Fourie, AJ

The Labour Court found that the CCMA commissioner committed a gross irregularity by refusing to allow the parties to present oral evidence and determining the existence of a dismissal solely on the papers, absent a stated case or agreed facts. The automatic termination clause in the applicant's contract could not, without more, lawfully deprive the applicant of the right to challenge the fairness of the termination. The court held that a multi-faceted inquiry is required to determine whether a dismissal occurred, considering the wording of the contract, the nature of the trigger event, and wh…

Source excerpt

• Automatic Termination Clause
• Unfair Dismissal
• Fixed Term Contract
• Jurisdictional Ruling
• Condonation
• Arbitration Review

City of Johannesburg Metropolitan Municipality v Mphefo and Others (J787/2024)

City of Johannesburg Metropolitan Municipality v Mphefo and Others (J787/2024) [2024] ZALCJHB 287 (30 July 2024)

Court

Labour Court Johannesburg

Case number

J787/2024

Judge

Prinsloo

The Labour Court granted an interim interdict staying an arbitration pending review of a jurisdictional ruling in an unfair dismissal dispute.

• Interim Interdict
• Jurisdictional Ruling
• Unfair Dismissal
• Stay Of Arbitration
• Review Application
• Interim-interdict