South Africa Case Law

Dewlal v Cebra Lancet RSA (Pty) Ltd (JS685/24)

Dewlal v Cebra Lancet RSA (Pty) Ltd (JS685/24) [2025] ZALCJHB 236 (18 June 2025)

Court

Labour Court Johannesburg

Case number

JS685/24

Judge

W Kruger

The court found that the Respondent's exception was not an irregular step under Rule 57, as the procedural requirements for notice only apply to exceptions based on vagueness and embarrassment, which was not the case here. The Applicant failed to demonstrate any procedural irregularity by the Respondent. On the merits, the Applicant's statement of case did not disclose a cause of action, as it relied solely on a confidentiality clause without specifying the breached terms. The Applicant did not plead the requirements for interdictory relief and sought damages not recognised in South African l…

Source excerpt

• Mutual Separation Agreement
• Confidentiality Clause
• Exception Procedure
• Interdictory Relief
• Damages In Lieu Of Specific Performance

Khosa v Rustenburg Platinum Mines (Pty) Ltd (J970/22)

Khosa v Rustenburg Platinum Mines (Pty) Ltd (J970/22) [2025] ZALCJHB 264 (20 May 2025)

Court

Labour Court Johannesburg

Case number

J970/22

Judge

M T M Phehane

The Labour Court declined to grant default judgment and ordered the applicant to file a missing annexure and proof of service, failing which the claim would be struck out.

• Mutual Separation Agreement
• Rectification
• Default Judgment
• Service Affidavit
• Default-judgment
• Service-of-process

Maseko v Skye Energy Logistics ta Skye Logistics (JS500/24)

Maseko v Skye Energy Logistics ta Skye Logistics (JS500/24) [2025] ZALCJHB 263 (7 May 2025)

Court

Labour Court Johannesburg

Case number

JS500/24

Judge

M T M Phehane

The Labour Court struck off a default judgment application because the dismissal dispute was referred out of time and no condonation was sought.

• Retrenchment
• Procedural Fairness
• Substantive Fairness
• Condonation
• Jurisdiction
• Mutual Separation Agreement

NEWUYA obo Modisane v Gap Management and Another (J1575/23)

NEWUYA obo Modisane v Gap Management and Another (J1575/23) [2025] ZALCJHB 170 (6 May 2025)

Court

Labour Court Johannesburg

Case number

J1575/23

Judge

H Molotsi

The court found that although the CCMA arbitration award ordered reinstatement and backpay, the parties subsequently entered into a voluntary separation agreement, which was tacitly accepted and acted upon by both sides. Payments were made in accordance with the agreement, and the applicant's purported withdrawal from the agreement was not valid in law, as unilateral withdrawal without court intervention is ineffective. The respondents discharged their evidentiary burden by showing reasonable doubt regarding non-compliance with the arbitration award, as the settlement agreement replaced the a…

Source excerpt

• Contempt Of Court
• Enforcement Of Arbitration Award
• Mutual Separation Agreement
• Unfair Dismissal

Rand Air South Africa Proprietary Limited v Jager and Others (125713/24)

Rand Air South Africa Proprietary Limited v Jager and Others (125713/24) [2024] ZALCJHB 533 (24 December 2024)

Court

Labour Court Johannesburg

Case number

125713/24

Judge

Baloyi

The Labour Court enforced a 24-month restraint against a former Rand Air employee, finding access to confidential information and trade connections and granting a final interdict.

• Restraint Of Trade
• Confidential Information
• Enforceability Of Contracts
• Final Interdict
• Mutual Separation Agreement
• Restraint-of-trade

WBHO Construction Proprietary Limited v Masenye N.O and Others (JR1124.21)

WBHO Construction Proprietary Limited v Masenye N.O and Others (JR1124.21) [2024] ZALCJHB 288 (30 July 2024)

Court

Labour Court Johannesburg

Case number

JR1124/21

Judge

S.S Tebeile

Labour Court review of a dismissal dispute dismissed. The court held that a mutual separation agreement could not be used to evade section 189 retrenchment procedures.

• Unfair Dismissal
• Retrenchment Procedure
• Mutual Separation Agreement
• Section 189 Lra
• Procedural Fairness
• Substantive Fairness

Finfloor (Pty) Ltd v Holden and Another (D 350/23)

Finfloor (Pty) Ltd v Holden and Another (D 350/23) [2023] ZALCD 12 (11 August 2023)

Court

Labour Court Durban

Case number

D 350/23

Judge

Whitcher

The Labour Court found that the wording of clause 15 of the Mutual Separation Agreement (MSA) was clear and comprehensive, constituting a full and final settlement of all claims between the parties, including those arising from the employment contract. The restraint of trade provisions did not survive the conclusion of the MSA, as the agreement extinguished all prior contractual rights. The absence of any express exclusion or preservation of the restraint clauses in the MSA was fatal to Finfloor's interpretation. The non-variation clause in the employment contract was irrelevant, as the MSA w…

Source excerpt

• Restraint Of Trade
• Mutual Separation Agreement
• Contractual Interpretation
• Non Variation Clause
• Costs Order

Ashton International College Ballito (PTY) Ltd v Erasmus and Another (D12967/2022)

Ashton International College Ballito (PTY) Ltd v Erasmus and Another (D12967/2022) [2023] ZAKZDHC 1 (23 January 2023)

Court

Kwazulu-Natal High Court, Durban

Case number

D12967/2022

Judge

Ploos van Amstel

The High Court dismissed a school’s bid to enforce a restraint against its former headmaster, finding no protectable interest and that the agreement was unenforceable.

• Restraint Of Trade
• Protectable Interest
• Confidential Information
• Mutual Separation Agreement
• Shareholder Agreement
• Restraint-of-trade

Legend Logistics (PTY) Ltd v SATAWU and Others (JR 1099/19)

Legend Logistics (PTY) Ltd v SATAWU and Others (JR 1099/19) [2022] ZALCJHB 241 (26 August 2022)

Court

Labour Court Johannesburg

Case number

JR 1099/19

Judge

H Schensema

Labour Court review of an arbitration award dismissing a jurisdiction-based challenge. The court held the applicant used the wrong review test and dismissed the review.

• Unfair Dismissal
• Jurisdiction Of Bargaining Council
• Review Test Correctness
• Arbitration Award
• Mutual Separation Agreement
• Labour-law

Tshani and Others v DHL Supply Chain South Africa (Pty) Ltd (J132/22)

Tshani and Others v DHL Supply Chain South Africa (Pty) Ltd (J132/22) [2022] ZALCJHB 151 (30 May 2022)

Court

Labour Court Johannesburg

Case number

J132/22

Judge

Tlhotlhalemaje

The Labour Court dismissed an application for leave to appeal against an order refusing section 189A(13) relief, finding no reasonable prospects of a different outcome.

• Section 189a Application
• Urgency In Labour Court
• Condonation
• Costs Order
• Mutual Separation Agreement
• Labour-law