South Africa Case Law

Gibela Rail Transport Consortium Rf Pty (Ltd) v NUMSA obo Dube and Others (JR1558/2022)

Gibela Rail Transport Consortium Rf Pty (Ltd) v NUMSA obo Dube and Others (JR1558/2022) [2025] ZALCJHB 301 (28 July 2025)

Court

Labour Court Johannesburg

Case number

JR1558/2022

Judge

Lagrange

The court found that the arbitrator erred in interpreting the disciplinary code as recommending a final written warning for unauthorized use of a company vehicle, when it actually prescribed dismissal. However, the court held that this error was not material enough to render the award unreasonable, as the evidence did not establish that the employment relationship was irreparably damaged or that dismissal was the only appropriate sanction. The arbitrator's failure to impose a final written warning was unjustified, but her finding that Dube was not guilty of providing false or misleading infor…

Source excerpt

• Unfair Dismissal
• Review Of Arbitration Award
• Disciplinary Code Interpretation
• Sanction Appropriateness
• Misconduct
• Final Written Warning

Lufafa Hatchery (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (JR2709/22)

Lufafa Hatchery (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (JR2709/22) [2025] ZALCJHB 194 (21 May 2025)

Court

Labour Court Johannesburg

Case number

JR2709/22

Judge

Daniels

The court found that the commissioner’s arbitration award was unreasonable and materially distorted by errors in fact and law. The refusal to grant a postponement denied the applicant a fair hearing and constituted a reviewable irregularity. The commissioner failed to properly assess the credibility of the third respondent, who was unrepentant and lacked remorse for serious misconduct, including divisive and disrespectful behaviour towards management and escalation of union tensions. The evidence overwhelmingly supported the applicant’s version, and the trust relationship was irreparably dama…

Source excerpt

• Unfair Dismissal
• Review Of Arbitration Award
• Misconduct
• Shop Steward Rights
• Reasonableness Test

South African Police Services v Safety and Security Sectoral Bargaining Council and Others (C543/2022)

South African Police Services v Safety and Security Sectoral Bargaining Council and Others (C543/2022) [2025] ZALCCT 12 (24 February 2025)

Court

Labour Court Cape Town

Case number

C543/2022

Judge

Lagrange

The Labour Court reviewed an arbitration award and held that the employee’s dismissal for misconduct was substantively fair.

• Substantive Fairness Of Dismissal
• Misconduct
• Trust Relationship
• Disciplinary Regulations
• Condonation
• Labour-law

Gauteng Department of Education v General Public Service Sectoral Bargaining Council and Others (JA141/2022)

Gauteng Department of Education v General Public Service Sectoral Bargaining Council and Others (JA141/2022) [2025] ZALAC 2; [2025] 5 BLLR 435 (LAC) (22 January 2025)

Court

Labour Appeal Court

Case number

JA141/2022

Judges

Savage, Nkutha-Nkontwana, Govindjee

The arbitrator failed to properly consider all the evidence, particularly the respondents' inability to explain how Mr Mothlang repeatedly obtained their updated passwords over two years, despite regular changes and a clear policy prohibiting sharing. The arbitrator's narrow focus on the charge sheet and disregard for the probabilities led to an unreasonable result. The Labour Court erred in upholding the award, as the evidence supported a finding that the respondents were involved in the misconduct. The award fell outside the ambit of reasonableness and was set aside, with the dismissals fou…

Source excerpt

• Unfair Dismissal
• Disciplinary Procedure
• Review Of Arbitration Award
• Misconduct
• Ghost Employee Fraud

Mostert v Overberg Agri-Bedrywe (Pty) Ltd (C113/2022)

Mostert v Overberg Agri-Bedrywe (Pty) Ltd (C113/2022) [2025] ZALCCT 4 (20 January 2025)

Court

Labour Court Cape Town

Case number

C113/2022

Judge

Lagrange

The Labour Court dismissed a review of an arbitration award confirming dismissal for repeated cellphone use while operating machinery and ignoring safety rules.

• Unfair Dismissal
• Misconduct
• Safety Compliance
• Disciplinary Code
• Arbitration Review
• Unfair-dismissal

Bam v Safety and Security Sectoral Bargaining Council and Others (C148/2017)

Bam v Safety and Security Sectoral Bargaining Council and Others (C148/2017) [2025] ZALCCT 3 (8 January 2025)

Court

Labour Court Cape Town

Case number

C148/2017

Judge

R Lagrange

Labour Court dismissed a review of a police officer’s dismissal for shoplifting and dishonesty, finding the arbitrator’s credibility findings and refusal of further cross-examination were reasonable.

• Unfair Dismissal
• Misconduct
• Dishonesty
• Disciplinary Procedure
• Trust Relationship Breakdown
• Unfair-dismissal

Kaweng v South African National Biodiversity Institute and Others (JR221/22)

Kaweng v South African National Biodiversity Institute and Others (JR221/22) [2024] ZALCJHB 401; (2025) 46 ILJ 156 (LC) (18 October 2024)

Court

Labour Court Johannesburg

Case number

JR221/22

Judge

Myburgh, AJ

The Labour Court dismissed a review of an arbitration award upholding dismissal for participation in an unlawful workplace money-lending scheme, and granted condonation.

• Unlawful Money Lending
• Condonation
• Review Of Arbitration Award
• Misconduct
• National Credit Act
• Stokvel Exception

South African Breweries (Pty) Ltd v Commission For Conciliation, Mediation and Arbitration and Others (JR1584/21)

South African Breweries (Pty) Ltd v Commission For Conciliation, Mediation and Arbitration and Others (JR1584/21) [2024] ZALCJHB 383; (2025) 46 ILJ 184 (LC) (4 October 2024)

Court

Labour Court Johannesburg

Case number

JR1584/21

Judge

Y Peer

The Labour Court set aside a CCMA award and held that SAB’s dismissal of an employee who drove drunk and misled the employer was fair.

• Unfair Dismissal
• Misconduct
• Dishonesty In Employment
• Progressive Discipline
• Sanction Of Dismissal
• Labour-law

Department of Health Western Cape v Public Health and Social Development Sectoral Bargaining Council and Others (C307/2022)

Department of Health Western Cape v Public Health and Social Development Sectoral Bargaining Council and Others (C307/2022) [2024] ZALCCT 53; (2025) 46 ILJ 137 (LC) (23 July 2024)

Court

Labour Court Cape Town

Case number

C307/2022

Judge

C de Kock

Condonation was granted and a labour arbitration award was reviewed and set aside. The court found the employee’s conduct explicit, serious, and disreputable.

• Unfair Dismissal
• Condonation
• Disciplinary Code
• Review Of Arbitration Award
• Sexual Misconduct
• Public Interest

Mbunjela v Safety and Security Sectoral Bargaining Council and Others (C321/2021)

Mbunjela v Safety and Security Sectoral Bargaining Council and Others (C321/2021) [2024] ZALCCT 33 (12 July 2024)

Court

Labour Court Cape Town

Case number

C321/2021

Judge

C de Kock

The court found that the arbitrator, Commissioner De Beer, properly considered all the evidence presented at arbitration, including the credibility challenges to the complainant and the applicant's witnesses. The arbitrator addressed inconsistencies and found the evidence of assault to be corroborated. Regarding the submission of false medical certificates, the arbitrator considered evidence that the issuer was not a registered practitioner and that the applicant knowingly submitted false certificates. The court held that the applicant failed to show any irregularity or failure to apply mind…

Source excerpt

• Unfair Dismissal
• Review Of Arbitration Award
• Substantive Fairness
• Misconduct
• Fraudulent Medical Certificate