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South Africa decisions
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George Municipality v IMATU obo Bennet and Others (C385/2022) [2025] ZALCCT 27 (24 April 2025)
The Labour Court dismissed a review of an arbitration award finding that George Municipality unfairly appointed a candidate who lacked the required qualification.
La Foy v Department of Justice and Constitutional Development and Others (J1952/2017) [2023] ZALCJHB 253; (2023) 44 ILJ 2731 (LC); [2023] 12 BLLR 1275 (LC) (8 September 2023)
The court found that the applicant failed to discharge the statutory onus to prove that she was subjected to harassment amounting to unfair discrimination on arbitrary grounds. The evidence showed that the lack of resources and capacity was a departmental issue affecting multiple branches, not targeted at the applicant. Managerial actions such as discipline, allocation of leave, and operational decisions were justified and did not amount to harassment. The applicant did not demonstrate irrational, discriminatory, or unfair conduct, nor did she show impairment of dignity or ongoing hostile wor…
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Kemraj v National Commissioner of South African Police Service and Others (D923/18) [2022] ZALCD 50 (8 November 2022)
Labour Court review of a promotion-related arbitration award was dismissed. The court found no reviewable irregularity and held the appointment was rationally justified.
Public Servants Association obo Thorne v Department of Community Safety (Western Cape) and Others (CA07/2017) [2018] ZALAC 24; [2018] 12 BLLR 1173 (LAC) (8 June 2018)
The Department was entitled to set a reasonable educational standard for the post, including the requirement of a three-year or 360 credits qualification at NQF Level 6. The advertisement's reference to an 'appropriate tertiary qualification at NQF Level 6' was broad enough to include the Department's prerequisites. The arbitrator correctly found that the Department did not amend the advertised criteria and acted within its managerial prerogative. There was no evidence of bad faith or improper motive, and the arbitrator's award was reasonable. The Labour Court did not err in upholding the awa…
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Ga-Segonyana Local Municipality v Venter NO and Others (JR961/13) [2016] ZALCJHB 391 (11 October 2016)
The Labour Court reviewed and set aside an arbitration award that had ordered promotion, holding the dispute was unfair labour practice review and not entitled to that remedy.
Intercape Ferreira Mainliner (Pty) Ltd and Another v NUMSA and Others (C 179/2015) [2015] ZALCCT 22 (2 April 2015)
The Labour Court found that added driver duties at Intercape were work-practice changes, not a unilateral change to terms and conditions, so the strike was unprotected.
Western Cape Department of Health v MEC Van Wyk and Others (CA1/2013) [2014] ZALAC 25; [2014] 11 BLLR 1122 (LAC); (2014) 35 ILJ 3078 (LAC) (5 June 2014)
The Labour Appeal Court held that the employer could not unilaterally interpret a collective agreement on nursing translations. The appeal against the arbitration award was dismissed with costs.
NEHAWU obo Manyana and Another v Masege NO and Others (JR363/2012) [2014] ZALCJHB 124 (8 April 2014)
The court held that the applicants had no right to automatic appointment to the promoted positions, as final approval was required and was not granted. The arbitrator correctly found that the employer's reasons for non-appointment—employment equity considerations, budget constraints, moratorium on appointments, and departmental merger—were valid and applicable. The absence of a formal employment equity plan did not invalidate the employer's reliance on equity considerations. The appointment of Sambo was distinguishable, having occurred before the moratorium and with proper approval. The appli…
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IMATU and Others v Ethekwini Municipality and Others [2013] ZALCD 26; (2014) 35 ILJ 1572 (LC) (12 September 2013)
The Labour Court dismissed a review of an arbitration award, holding that the employer retained managerial discretion not clearly waived by the placement policy.
Pikitup (SOC) Ltd v SAMWU obo Members and Others (J164/13) [2013] ZALCJHB 192; (2014) 35 ILJ 201 (LC); [2013] 11 BLLR 1118 (LC) (13 August 2013)
The court held that the implementation of breathalyser testing and biometric access control systems are matters of mutual interest, as they directly affect employees' working conditions and interests. The demand to desist from breathalyser testing was not shown to be unlawful, as the employer is not compelled by statute to use breathalysers as the only method to ensure safety. The applicant failed to prove that breathalyser testing was the only reasonably practicable method to discharge its statutory obligations. The respondents' concerns regarding hygiene, dignity, and reliability of the bre…
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