South Africa Case Law

Chill Beverages International (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (C160/2024)

Chill Beverages International (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (C160/2024) [2025] ZALCJHB 298 (14 July 2025)

Court

Labour Court Johannesburg

Case number

C160/2024

Judge

Venter

The Labour Court upheld an award finding dismissal unfair after a worker failed a breathalyser test but showed no impairment and unknowingly consumed alcohol in cough mixture.

• Dismissal For Alcohol Policy Violation
• Zero Tolerance Policy
• Substantive Fairness
• Proportionality Of Dismissal
• Review Of Arbitration Award
• Occupational Health And Safety

Totalgaz Southern Africa (Pty) Ltd v Rhyder Investments CC t/a DTB Sales and Another (EL809/2024)

Totalgaz Southern Africa (Pty) Ltd v Rhyder Investments CC t/a DTB Sales and Another (EL809/2024) [2025] ZAECELLC 16 (20 June 2025)

Court

Eastern Cape High Court, East London Local Court

Case number

EL809/2024

Judge

Zono

The court found that the applicant and respondents were bound by an industry standard cylinder exchange arrangement, which contractually permitted temporary possession of competitors' cylinders. The applicant was obliged to exhaust contractual remedies, including payment of the agreed deposit value for cylinders, before seeking judicial intervention. The respondents were not in unlawful possession absent payment and refusal to release cylinders. The applicant's approach to court for an interdict on possession was unnecessary and premature. However, the respondents' filling and distribution of…

Source excerpt

• Dealer Agreement
• Industry Standard Cylinder Exchange
• Interdict
• Occupational Health And Safety
• Contractual Obligation
• Costs Order

Zelolo v Anglo American Platinum Mogalakwena Mine (9395/2022)

Zelolo v Anglo American Platinum Mogalakwena Mine (9395/2022) [2025] ZALMPPHC 72 (16 April 2025)

Court

Limpopo High Court, Polokwane

Case number

9395/2022

Judge

Kganyago

The court found that the plaintiff's particulars of claim were poorly drafted, failing to distinguish clearly between claims for compensation under statute and damages under delict. The use of 'compensation' and 'damages' interchangeably created confusion as to the legal basis of the claim. The court held that OHSA does not apply to mines and that non-compliance with OHSA only gives rise to criminal, not civil, liability. The particulars of claim did not adequately plead the elements of delict, specifically wrongfulness and causation. The quantum of damages was not set out with sufficient par…

Source excerpt

• Exception Procedure
• Occupational Health And Safety
• Compensation For Occupational Injuries
• Vague And Embarrassing Pleading
• Quantum Of Damages
• Wrongfulness And Negligence

MEC Dept Of Health v Public Health Social Development Sectoral Bargaining Council and Others (C761/2021)

MEC Dept Of Health v Public Health Social Development Sectoral Bargaining Council and Others (C761/2021) [2025] ZALCCT 20; [2025] 6 BLLR 618 (LC); (2025) 46 ILJ 1391 (LC) (2 April 2025)

Court

Labour Court Cape Town

Case number

C761/2021

Judge

Lagrange

The Labour Court set aside an arbitration award after finding a doctor’s dismissal for attending work intoxicated was substantively and procedurally fair.

• Dismissal For Misconduct
• Gross Negligence
• Admission Of Hearsay Evidence
• Progressive Discipline
• Occupational Health And Safety
• Dismissal-for-misconduct

Nunostax (Pty) Ltd and Another v Docrat and Others (A2024/046516)

Nunostax (Pty) Ltd and Another v Docrat and Others (A2024/046516) [2025] ZAGPJHC 242 (4 March 2025)

Court

South Gauteng High Court, Johannesburg

Case number

A2024/046516

Judges

Twala, Mahosi, Allen

The court found that the respondents failed to exhaust alternative remedies by not approaching the City of Johannesburg, the entity responsible for enforcing municipal by-laws regarding noise and building encroachment. The noise report relied upon by the respondents was not applicable to the business premises, as the relevant regulations pertain only to workplace environments. The respondents did not provide evidence of building plan transgressions or personal wrongdoing by the second appellant. The three requisites for a final interdict were not satisfied, particularly the absence of a satis…

Source excerpt

• Final Interdict
• Noise Nuisance
• Building Encroachment
• Exhaustion Of Alternative Remedies
• Municipal By Laws
• Occupational Health And Safety

Sulzer Pumps (Pty) Ltd v Nomxhanya and Others (JR445/2020)

Sulzer Pumps (Pty) Ltd v Nomxhanya and Others (JR445/2020) [2024] ZALCJHB 253; (2024) 45 ILJ 2398 (LC) (15 July 2024)

Court

Labour Court Johannesburg

Case number

JR445/2020

Judge

Lagrange

Labour Court review of a safety manager’s dismissal: the arbitrator misdirected the enquiry, the misconduct findings were substituted, but dismissal stayed substantively unfair.

• Unfair Dismissal
• Substantive Fairness
• Procedural Fairness
• Compensation
• Occupational Health And Safety
• Arbitration Review

Fibre Stream Proprietary Limited v York Cheese Factory Propreitary Limited (2023/076047)

Fibre Stream Proprietary Limited v York Cheese Factory Propreitary Limited (2023/076047) [2024] ZAGPJHC 443 (10 May 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2023/076047

Judge

Mudau

The High Court dismissed an application for a final interdict to secure access to rooftop telecoms equipment, holding that a contractual remedy remained available.

• Final Interdict
• Lease Agreement
• Access To Premises
• Specific Performance
• Occupational Health And Safety
• Electricity Consumption

Abrahams v van Wyk N.O and Others (PR40-23)

Abrahams v van Wyk N.O and Others (PR40-23) [2024] ZALCPE 15 (25 April 2024)

Court

Labour Court Port Elizabeth

Case number

PR40-23

Judge

Daniels

The Labour Court dismissed an application to reinstate a review deemed withdrawn for late filing, finding no proper explanation and no prospects of success.

• Practice Manual Non Compliance
• Condonation
• Review Of Arbitration Award
• Mandatory Vaccination Policy
• Gross Dishonesty
• Occupational Health And Safety

Two Tyres Services (Pty) Ltd v City of Tshwane Metropolitan Municipality (057109/22)

Two Tyres Services (Pty) Ltd v City of Tshwane Metropolitan Municipality (057109/22) [2024] ZAGPPHC 394 (11 March 2024)

Court

North Gauteng High Court, Pretoria

Case number

057109/22

Judge

Mathunzi

The court found that clause 3 of the servitude prohibits the erection of buildings or structures within the servitude area, but does not classify uncovered parking bays as buildings or structures. The clause anticipates human activity, such as the placement of crops or rubbish, subject to height restrictions. The relevant safety regulations and standards require that any activity under the power lines must not exceed specified height limits, which the applicant's intended parking bays do not. The court held that the applicant's proposed use does not contravene the servitude, the Electrical Ma…

Source excerpt

• Servitude Interpretation
• Occupational Health And Safety
• Electrical Machinery Regulations
• Property Development
• Declaratory Relief

Marasi v Petroleum Oil and Gas Corporation of South Africa (C219/2020)

Marasi v Petroleum Oil and Gas Corporation of South Africa (C219/2020) [2023] ZALCCT 34 (27 June 2023)

Court

Labour Court Cape Town

Case number

C219/2020

Judge

Rabkin-Naicker

The Court found that the respondent's substance abuse policy, including the cannabis cut-off limit, is a reasonable and necessary measure aligned with statutory health and safety obligations in a hazardous work environment. Testing negative for cannabis above the prescribed limit is an inherent requirement of the applicant's job, given the operational risks at the refinery. The policy applies universally and does not target or disproportionately impact any cultural or religious group unfairly. The applicant was not suspended in terms of labour law, but rather had his access blocked for safety…

Source excerpt

• Unfair Discrimination
• Inherent Requirements Of Job
• Reasonable Accommodation
• Medical Testing
• Employment Equity Act
• Occupational Health And Safety