South Africa Case Law

Solutions Group Events v Naude (JR809/24)

Solutions Group Events v Naude (JR809/24) [2025] ZALCJHB 144 (8 April 2025)

Court

Labour Court Johannesburg

Case number

JR809/24

Judge

Mkwibiso

The Commissioner committed a material procedural irregularity by ruling that a dismissal had been established solely on the employee's allegation, despite a genuine dispute over whether the termination constituted a dismissal or the expiry of a fixed-term contract. Section 192 of the Labour Relations Act requires the employee to establish the existence of dismissal before the employer is called upon to justify its fairness. The Commissioner’s misallocation of the duty to begin, in breach of statutory requirements and established case law, rendered the arbitration award reviewable. The award w…

Source excerpt

• Onus In Dismissal Disputes
• Fixed Term Contracts
• Unfair Dismissal
• Review Of Arbitration Award

Pikitup Johannesburg (SOC) Limited v Muguto and Others (JR28/17)

Pikitup Johannesburg (SOC) Limited v Muguto and Others (JR28/17) [2019] ZALCJHB 103; [2019] 10 BLLR 1146 (LC); (2019) 40 ILJ 2829 (LC) (13 May 2019)

Court

Labour Court Johannesburg

Case number

JR28/17

Judge

Tlhotlhalemaje

The Labour Court set aside a CCMA award, holding that a fixed-term employee had not shown a reasonable expectation of renewal and that the CCMA lacked jurisdiction.

• Fixed Term Contracts
• Reasonable Expectation Of Renewal
• Unfair Dismissal
• Jurisdiction Of Ccma
• Onus In Dismissal Disputes
• Fixed-term-contracts

Van Eeden v Hyprop Investments Limited and Others (JR2519/15)

Van Eeden v Hyprop Investments Limited and Others (JR2519/15) [2017] ZALCJHB 457 (22 November 2017)

Court

Labour Court Johannesburg

Case number

JR2519/15

Judge

N Moni

On review, the Labour Court found the applicant was constructively dismissed and set aside the CCMA award, granting six months' compensation.

• Constructive Dismissal
• Review Of Arbitration Award
• Condonation
• Onus In Dismissal Disputes
• Mutually Destructive Evidence
• Constructive-dismissal