South Africa Case Law

Solidarity obo Van Rensburg v Xone Control Room Management (Pty) Ltd (C69/2024)

Solidarity obo Van Rensburg v Xone Control Room Management (Pty) Ltd (C69/2024) [2025] ZALCCT 56 (22 July 2025)

Court

Labour Court Cape Town

Case number

C69/2024

Judge

R Lagrange

The court found that the extension agreement signed by Van Rensburg in August 2022 constituted a clear amendment to his employment contract, setting his retirement date as 30 September 2023 with no further extensions permitted. Clause 14.1 of his contract established that general policies applied unless overridden by a contractual provision, and the extension letter expressly overrode the retirement policy. The subsequent amendment to the retirement policy in March 2023 did not affect Van Rensburg, as his contract had already been amended to reflect a specific retirement date. The court held…

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• Automatically Unfair Dismissal
• Retirement Age
• Contractual Interpretation
• Labour Relations Act
• Employment Policy Override

Musawenkosi Hlongwa v SM Xulu Incorporated and Another (J3319/18)

Musawenkosi Hlongwa v SM Xulu Incorporated and Another (J3319/18) [2025] ZALCJHB 317 (10 July 2025)

Court

Labour Court Johannesburg

Case number

J3319/18

Judge

M Makhura

The Labour Court upheld a lis alibi pendens plea, finding that a remuneration claim duplicated an already pending constructive dismissal dispute.

• Lis Alibi Pendens
• Unpaid Remuneration
• Constructive Dismissal
• Basic Conditions Of Employment Act
• Labour Relations Act
• Lis-alibi-pendens

Viljoen v Peninsula Plumbing and Engineering Wroks (Pty) Ltd (C383/2021)

Viljoen v Peninsula Plumbing and Engineering Wroks (Pty) Ltd (C383/2021) [2025] ZALCCT 31 (15 May 2025)

Court

Labour Court Cape Town

Case number

C383/2021

Judge

Lagrange

The court found that the evidence overwhelmingly supported the existence of a two-tier retirement age policy at the respondent firm, distinguishing between site workers (retirement at 60) and administrative/supervisory staff (retirement at 65). The plaintiff, Viljoen, was employed as an artisan plumber and subject to the retirement age of 60, as confirmed by the Building Industry Bargaining Council agreement, the company's retirement policy, and signed annexures to employment contracts. The differential treatment was justified by the nature of the work and industry practice. The court held th…

Source excerpt

• Automatically Unfair Dismissal
• Retirement Policy
• Age Discrimination
• Labour Relations Act
• Employment Equity Act

Association of Mineworkers and Construction Union obo Gladile and Others v Commission for Conciliation, Mediation and Arbitration and Others (JR 674/18)

Association of Mineworkers and Construction Union obo Gladile and Others v Commission for Conciliation, Mediation and Arbitration and Others (JR 674/18) [2025] ZALCJHB 107 (11 March 2025)

Court

Labour Court Johannesburg

Case number

JR 674/18

Judge

Tlhotlhalemaje

The Labour Court reviewed and set aside a CCMA award upholding dismissals over a workplace food ban, finding inadequate reasons and a blanket approach.

• Unfair Dismissal
• Review Of Arbitration Award
• Procedural Fairness
• Substantive Fairness
• Labour Relations Act
• Remittal To Ccma

Public Servants Association of South Africa v Department of Employment and Labour (Leave to Appeal) (J616/22)

Public Servants Association of South Africa v Department of Employment and Labour (Leave to Appeal) (J616/22) [2025] ZALCJHB 29 (23 January 2025)

Court

Labour Court Johannesburg

Case number

J616/22

Judge

L Steenkamp

The Labour Court granted leave to appeal against its earlier order requiring registration of amended union constitution provisions, finding the matter should be considered by the Labour Appeal Court.

• Leave To Appeal
• Registration Of Union Constitution
• Labour Relations Act
• Costs Order
• Leave-to-appeal
• Union-constitution-registration

Pedro v Department of Correctional Services and Others (C169/2021)

Pedro v Department of Correctional Services and Others (C169/2021) [2024] ZALCCT 65 (18 December 2024)

Court

Labour Court Cape Town

Case number

C169/2021

Judge

G Cassells

The Labour Court ordered the bargaining council to issue a condonation ruling by 31 January 2025 and awarded costs after delay frustrated the dispute.

• Condonation
• Unfair Labour Practice
• Joinder
• Costs Order
• Dispute Resolution
• Labour Relations Act

Mokobane v Westcol TVET and Another (JS 925/17)

Mokobane v Westcol TVET and Another (JS 925/17) [2024] ZALCJHB 494 (5 December 2024)

Court

Labour Court Johannesburg

Case number

JS 925/17

Judge

Prinsloo

The Labour Court held that the applicant’s termination after reaching the agreed retirement age of 65 was not unfair age discrimination.

• Unfair Discrimination
• Retirement Age
• Employment Equity Act
• Automatic Unfair Dismissal
• Labour Relations Act
• Retirement-age

Mogale and Another v Tshifhiwa N.O and Others (JR821/16)

Mogale and Another v Tshifhiwa N.O and Others (JR821/16) [2024] ZALCJHB 468 (18 November 2024)

Court

Labour Court Johannesburg

Case number

JR821/16

Judge

S M Shaba

The Labour Court refused to reinstate a review application archived under the Practice Manual, finding an excessive delay, no adequate explanation, and prejudice to the employer.

• Condonation
• Practice Manual Compliance
• Reinstatement Of Review
• Late Filing
• Withdrawal And Archiving
• Labour Relations Act

Innovative Staffing Solutions (Pty) Ltd and Others v National Bargaining Council for Road Freight and Logistics Industry and Others (JA128/2023)

Innovative Staffing Solutions (Pty) Ltd and Others v National Bargaining Council for Road Freight and Logistics Industry and Others (JA128/2023) [2024] ZALAC 54; [2025] 2 BLLR 144 (LAC); (2025) 46 ILJ 336 (LAC) (12 November 2024)

Court

Labour Appeal Court

Case number

JA128/2023

Judges

Molahlehi, Savage, Van Niekerk

The Labour Appeal Court held that s 33A(4)(b) of the LRA does not bar the CCMA from appointing an arbitrator who also serves on a bargaining council panel.

• Enforcement Of Collective Agreements
• Institutional Bias
• Appointment Of Arbitrators
• Labour Relations Act
• Recusal And Review
• Bargaining Council Jurisdiction

Mogale and Another v National Health Laboratory Services (Application for Leave to Appeal) (JS 958/2019)

Mogale and Another v National Health Laboratory Services (Application for Leave to Appeal) (JS 958/2019) [2024] ZALCJHB 21; (2024) 45 ILJ 817 (LC) (31 October 2024)

Court

Labour Court Johannesburg

Case number

JS 958/2019

Judge

Prinsloo

The Labour Court dismissed an application for leave to appeal, finding no reasonable prospect that the Labour Appeal Court would reach a different conclusion.

• Leave To Appeal
• Reasonable Prospect Of Success
• Labour Relations Act
• Appeal Threshold
• Leave-to-appeal
• Reasonable-prospect-of-success