Dwarsrivirer Chrome Mine Proprietary Limited v AMCU obo Tau and Others (JR112/2021) [2025] ZALCJHB 74 (28 February 2025)
Court
Labour Court Johannesburg
Case number
JR112/2021
Judge
R Itzkin
The Labour Court dismissed a review of an arbitration award finding a dismissal substantively unfair, holding the Commissioner’s credibility finding was reasonably open on the evidence.
Association of Mineworkers and Construction Union and Others v Northam Platinum Mine Limited (JA8/19; JA9/19) [2021] ZALAC 32; (2021) 42 ILJ 2565 (LAC); [2022] 1 BLLR 28 (LAC) (14 September 2021)
Court
Labour Appeal Court
Case number
JA8/19; JA9/19
Judges
Waglay, Sutherland, Murphy
The Labour Appeal Court held that the dismissals were not invalid under the Mine Health and Safety Act, as the appellants failed to establish reasonable justification for their sustained absence after 15 June 2016. The enhanced security measures implemented by Northam rendered the workplace reasonably safe, and the subjective fears of the appellants were not objectively sustainable. The dismissals were not automatically unfair, as the dominant reason was unauthorised absenteeism, not trade union membership. The court found the dismissals substantively unfair due to Northam's lack of compassio…
Exxaro Coal (Pty) Ltd v AMCU obo Baloyi and Others (JR2312/15) [2020] ZALCJHB 182 (31 August 2020)
Court
Labour Court Johannesburg
Case number
JR2312/15
Judge
Nkutha-Nkontwana
The court found that the commissioner had materially misconstrued the nature of the enquiry by focusing on the expiry of the SPI and disregarding the continued applicability of Regulation 4.1.7 of the Mine Health and Safety Act and the employer's Zero Tolerance Policy. Mr Baloyi was on a final written warning for the same offence and pleaded guilty to the second transgression. The disciplinary code and statutory safety regulations required decisive action to maintain workplace safety. The commissioner ignored relevant considerations and substituted them with irrelevant ones, resulting in an u…
Samancor Limited (Eastern Chrome Mines) v Commission for Conciliation, Mediation and Arbitration Limpopo and Others (JA140/2018) [2020] ZALAC 17; [2020] 9 BLLR 908 (LAC); (2020) 41 ILJ 2135 (LAC) (18 May 2020)
Court
Labour Appeal Court
Case number
JA140/2018
Judges
Davis, Musi, Sutherland
The Labour Appeal Court upheld the employer’s appeal, finding five mine employees fairly dismissed for ignoring safety instructions and reinstating no relief.
Mphaphuli v Ramotshela NO and Others (JR1160/17) [2019] ZALCJHB 243; (2020) 41 ILJ 242 (LC) (17 September 2019)
Court
Labour Court Johannesburg
Case number
JR1160/17
Judge
P Nkutha-Nkontwana
The Labour Court dismissed a review of a dismissal for breaching a zero-tolerance safety policy after a positive alcohol test and failing to wait for follow-up testing.
Exxaro Coal Mpumalanga (Pty) Ltd Matla Coal v Commission for Conciliation, Mediation and Arbitration and Others (JR2265/14) [2017] ZALCJHB 447 (1 December 2017)
Court
Labour Court Johannesburg
Case number
JR2265/14
Judge
Thompson
The Labour Court granted condonation, reviewed and set aside a CCMA award, and held that the employee’s dismissal for a safety breach was procedurally and substantively fair.
XSTRATA SA (Pty) Ltd v Commission for Conciliation Mediation and Arbitration and Others (JA 50/2014) [2016] ZALAC 93 (8 September 2016)
Court
Labour Appeal Court
Case number
JA 50/2014
Judges
Waglay JP, Ndlovu JA, Makgoka AJA
The Labour Appeal Court found that the CCMA commissioner failed to give proper consideration to the effect of the final written warning issued to Mr Ndlangamandla for the same misconduct. The commissioner mentioned the warning but did not accord it due weight or consider its impact on the appropriateness of dismissal as a sanction. The principle of progressive discipline requires that, absent compelling circumstances, dismissal should follow a final written warning for repeated misconduct. The commissioner’s failure to focus on this factor amounted to an irregularity, rendering the award unre…
National Union Of Mineworkers, obo Botsane v Anglo Platinum Mine (Rustenburg Section) (JA2013/42) [2014] ZALAC 24; (2014) 35 ILJ 2406 (LAC) (15 May 2014)
Court
Labour Appeal Court
Case number
JA2013/42
Judges
Waglay, Molemela, Sutherland
Labour Appeal Court upheld dismissal for gross negligence in managing locomotive safety fitment, and rejected late inconsistency and new-case arguments.
XStrata Coal South Africa v Commission for Conciliation Mediation And Arbitration and Others (JR 90/2012) [2014] ZALCJHB 14 (7 February 2014)
Court
Labour Court Johannesburg
Case number
JR 90/2012
Judge
E Molahlehi
The Labour Court reviewed and set aside a CCMA award, finding the commissioner focused on intoxication instead of the employer’s zero-tolerance alcohol policy.
South Gold Exploration v Commission for Conciliation Mediation and Arbitration and Others (JR2068/09) [2013] ZALCJHB 12; (2013) 34 ILJ 2327 (LC) (6 February 2013)
Court
Labour Court Johannesburg
Case number
JR2068/09
Judge
J Mothibi
The Labour Court reviewed and set aside a CCMA award, finding the arbitrator ignored key evidence and misdirected himself on probation and dismissal fairness.
