South Africa Case Law

South African Express Airways Soc Ltd v Mafujane and Others (JR1824/19)

South African Express Airways Soc Ltd v Mafujane and Others (JR1824/19) [2024] ZALCJHB 160 (3 April 2024)

Court

Labour Court Johannesburg

Case number

JR1824/19

Judge

M Makhura

The court found that the company was at all material times aware of the employee's external work as a simulator instructor for Simaero, as evidenced by his regular submission of logbooks and disclosure in his curriculum vitae. The omission on the declaration of interest form did not amount to dishonesty, as there was no intention to deceive and the company could not prove any deliberate withholding of information. The commissioner correctly applied the law and the facts, finding the employee not guilty of the charges and ordering reinstatement with back pay. The allegations of bias against th…

Source excerpt

• Unfair Dismissal
• Dishonesty In Employment
• Moonlighting
• Reinstatement
• Review Of Arbitration Award

Vilakazi v Commission for Conciliation, Mediation and Arbitration and Others (JR164/20)

Vilakazi v Commission for Conciliation, Mediation and Arbitration and Others (JR164/20) [2023] ZALCJHB 319; (2024) 45 ILJ 369 (LC) (3 November 2023)

Court

Labour Court Johannesburg

Case number

JR164/20

Judge

S Snyman

Review dismissed in a labour dispute about full-time moonlighting, nondisclosure, and alleged conflict of interest. The court upheld dismissal and ordered costs.

• Unfair Dismissal
• Fiduciary Duty
• Moonlighting
• Conflict Of Interest
• Condonation
• Procedural Fairness

Bakenrug Meat (Pty) Ltd t/a Joostenberg Meat v Commission for Conciliation, Mediation and Arbitration and Others (CA8/2020)

Bakenrug Meat (Pty) Ltd t/a Joostenberg Meat v Commission for Conciliation, Mediation and Arbitration and Others (CA8/2020) [2022] ZALAC 4; [2022] 4 BLLR 319 (LAC); (2022) 43 ILJ 1272 (LAC) (18 January 2022)

Court

Labour Appeal Court

Case number

CA8/2020

Judges

Waglay JP, Davis JA, Savage AJA

The Labour Appeal Court held that an employee’s undisclosed side-line meat business breached her duty of good faith, so the dismissal was fair.

• Duty Of Good Faith
• Conflict Of Interest
• Unfair Dismissal
• Fiduciary Duty
• Dishonesty
• Moonlighting

Metsimaholo Local Municipality v South African Local Government Bargaining Council and Others (JA78/14)

Metsimaholo Local Municipality v South African Local Government Bargaining Council and Others (JA78/14) [2016] ZALAC 1; [2016] 5 BLLR 435 (LAC) (3 February 2016)

Court

Labour Appeal Court

Case number

JA78/14

Judges

Musi JA, Coppin JA, Makgoka AJA

The Labour Appeal Court dismissed Metsimaholo Municipality’s appeal, upholding reinstatement of two electricians dismissed for alleged moonlighting without permission.

• Unfair Dismissal
• Collective Agreement Interpretation
• Moonlighting
• Inconsistency Of Discipline
• Unfair-dismissal
• Collective-agreement-interpretation

Martin & East (Pty) Ltd v Bulbring NO and Others (C1051/14)

Martin & East (Pty) Ltd v Bulbring NO and Others (C1051/14) [2016] ZALCCT 2; [2016] 5 BLLR 475 (LC) (2 January 2016)

Court

Labour Court Cape Town

Case number

C1051/14

Judge

Steenkamp

The Labour Court found that the arbitrator's decision was unreasonable given her own findings that the employee committed gross misconduct, including dishonesty, fraud, and bringing the company's name into disrepute. The employee breached the rule against moonlighting, forged documents, and acted for personal benefit, destroying the trust relationship. The arbitrator's impression of inconsistency and motive was unsupported by evidence. Established legal principles dictate that gross dishonesty and breach of fiduciary duty justify dismissal, regardless of mitigating factors. The award of compe…

Source excerpt

• Unfair Dismissal
• Dishonesty
• Moonlighting
• Fiduciary Duty
• Remedies For Unfair Dismissal

Mtembu v Safety and Security Sectoral Bargaining Council and Others (JR2870/10)

Mtembu v Safety and Security Sectoral Bargaining Council and Others (JR2870/10) [2013] ZALCJHB 117 (11 June 2013)

Court

Labour Court Johannesburg

Case number

JR2870/10

Judge

Snider

Labour Court review dismissed after finding the arbitration commissioner reasonably upheld dismissal for assault and unauthorized moonlighting.

• Unfair Dismissal
• Disciplinary Procedure
• Moonlighting
• Burden Of Proof
• Review Of Arbitration Award
• Review-of-arbitration-award

B v Eagle Ink Systems KZ Natal (Pty) Ltd (D781/05)

B v Eagle Ink Systems KZ Natal (Pty) Ltd (D781/05) [2007] ZALCD 12 (31 August 2007)

Court

Labour Court Durban

Case number

D781/05

Judge

Pillay D

The court found that the applicant's dismissal was not genuinely based on misconduct but was motivated by his HIV-positive status. Although the applicant was found guilty of misconduct for selling used printing blankets to customers without permission and deriving a personal benefit, the nature and scale of the misconduct did not justify dismissal. The respondent's conduct, including placing the applicant on involuntary leave, offering a desk-bound position, and pursuing a disciplinary inquiry with a predetermined outcome, demonstrated a pattern of discrimination. The respondent failed to obt…

Source excerpt

• Automatic Unfair Dismissal
• Hiv Discrimination
• Breach Of Trust
• Moonlighting
• Employment Equity Act
• Labour Relations Act