South Africa Case Law

Solidarity obo Members v Western Cape Education Department (C2024/133773)

Solidarity obo Members v Western Cape Education Department (C2024/133773) [2024] ZALCCT 70 (3 December 2024)

Court

Labour Court Cape Town

Case number

C2024/133773

Judge

R Lagrange

The court found that the application was premature, as the department had not yet reached the stage of actively contemplating retrenchments. The process of declaring educators 'additional' and initiating matching and placement under CA 4 of 2016 did not trigger the obligation to consult under section 189 or 189A of the Labour Relations Act. The educators remained employed and retained their benefits, and no retrenchment process had commenced. The urgency claimed by Solidarity was not justified, and the timeframes imposed for answering were unreasonable. The dispute referred to the bargaining…

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• Operational Requirements Dismissal
• Retrenchment Consultation
• Collective Agreement Interpretation
• Urgency In Motion Proceedings

Maqengu v Servest (Pty) Ltd (JS252/20)

Maqengu v Servest (Pty) Ltd (JS252/20) [2024] ZALCJHB 530 (5 November 2024)

Court

Labour Court Johannesburg

Case number

JS252/20

Judge

M T M Phehane

The Labour Court held that a retrenchment dismissal was substantively and procedurally fair, and dismissed the referral with costs.

• Retrenchment
• Operational Requirements Dismissal
• Section 189 Consultation
• Selection Criteria
• Severance Pay
• Costs Award

Industrial Oleo Chemical Products v National Union of Metalworkers of South Africa and Others (DA05/2023)

Industrial Oleo Chemical Products v National Union of Metalworkers of South Africa and Others (DA05/2023) [2024] ZALAC 53; [2025] 1 BLLR 1 (LAC); (2025) 46 ILJ 328 (LAC) (23 October 2024)

Court

Labour Appeal Court

Case number

DA05/2023

Judges

Savage, Nkutha-Nkontwana, Mlambo

The Labour Appeal Court held that, notwithstanding the facilitation process in large-scale retrenchments under section 189A, a referral to conciliation is mandatory before a valid referral to the Labour Court can take place. The Court relied on the Constitutional Court's decision in Intervalve, which established that conciliation is an indispensable jurisdictional precondition for adjudication of unfair dismissal disputes. The Court rejected the Labour Court's interpretation and the reasoning in Bell Equipment, finding that facilitation and conciliation are functionally distinct and that the…

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• Operational Requirements Dismissal
• Section 189a Consultation
• Conciliation Precondition
• Jurisdiction Of Labour Court
• Large Scale Retrenchment
• Interpretation Of Lra

Khanya Cleaning Group (Pty) Ltd v South African Transport & Allied Workers Union and Others (PR32/2023)

Khanya Cleaning Group (Pty) Ltd v South African Transport & Allied Workers Union and Others (PR32/2023) [2024] ZALCPE 39; (2025) 46 ILJ 363 (LC) (2 October 2024)

Court

Labour Court Port Elizabeth

Case number

PR32/2023

Judge

Smith

The court found that the Commissioner committed a material error of law and misconstrued the nature of section 41(4) of the BCEA and relevant case law. The evidence established that the applicant actively assisted the affected employees in securing alternative employment with Supercare, arranging interviews, sharing contact details, and facilitating the process. The Commissioner incorrectly elevated the absence of a formal agreement between the applicant and Supercare to a decisive factor, disregarding the collaborative efforts and urgency shown by the applicant. The onus of proof for entitle…

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• Severance Pay
• Operational Requirements Dismissal
• Onus Of Proof
• Notice Pay
• Review Of Arbitral Award
• Alternative Employment Arrangement

Association of Mineworkers and Construction Union and Another v Edge Line Engineering (Pty) Ltd (Application for Leave to Appeal) (JS808/19)

Association of Mineworkers and Construction Union and Another v Edge Line Engineering (Pty) Ltd (Application for Leave to Appeal) (JS808/19) [2024] ZALCJHB 326 (30 August 2024)

Court

Labour Court Johannesburg

Case number

JS808/19

Judge

L M Morgan

Leave to appeal was refused in a labour matter about retrenchments, with the court finding no reasonable prospect of success or compelling reason to hear the appeal.

• Operational Requirements Dismissal
• Substantive Fairness
• Retrenchment Procedure
• Leave To Appeal
• Reasonable Prospect Of Success
• Leave-to-appeal

Umicore Catalyst South Africa (Pty) Ltd v National Union of Metalworkers of South Africa and Others (PA3/23)

Umicore Catalyst South Africa (Pty) Ltd v National Union of Metalworkers of South Africa and Others (PA3/23) [2024] ZALAC 37; [2024] 11 BLLR 1138 (LAC); (2024) 45 ILJ 2545 (LAC) (29 August 2024)

Court

Labour Appeal Court

Case number

PA3/2023

Judges

Molahleli, Nkutha-Nkontwana, Govindjee

The court found that Umicore failed to prove that the behavioural assessment used in the selection process for retrenchment was fair and objective. The assessment focused on inherently subjective criteria such as personality traits, initiative, and enthusiasm, which were not agreed upon and bore little correlation to the operational objectives. The formulation of the questions was problematic, often double-barrelled and requiring subjective responses, and no on-the-job evaluation was performed to objectively assess independent work capability. The panel relied on personal impressions rather t…

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• Operational Requirements Dismissal
• Selection Criteria
• Fairness And Objectivity
• Skills Retention
• Reinstatement
• Last In First Out

South African Commercial Catering and Allied Workers Union obo Thage and Others v Connect Financial Services (Pty) Ltd (JA111/2023)

South African Commercial Catering and Allied Workers Union obo Thage and Others v Connect Financial Services (Pty) Ltd (JA111/2023) [2024] ZALAC 36; [2024] 11 BLLR 1130 (LAC); (2024) 45 ILJ 2536 (LAC) (5 August 2024)

Court

Labour Appeal Court

Case number

JA111/2023

Judges

Savage, Musi, Van Niekerk

The Labour Appeal Court held that retrenchments were substantively fair where affected employees were invited to apply for call-centre vacancies but did not do so.

• Retrenchment
• Operational Requirements Dismissal
• Consultation Process
• Res Judicata
• Alternative To Dismissal
• Labour-law

Cape Town City Football Club v Matsi and Others (JR96/2022)

Cape Town City Football Club v Matsi and Others (JR96/2022) [2024] ZALCJHB 130; [2024] 5 BLLR 492 (LC) (13 March 2024)

Court

Labour Court Johannesburg

Case number

JR96/2022

Judge

T Venter

The Labour Court has jurisdiction to review private arbitration awards in employment disputes under section 157(3) of the LRA, provided the dispute was cognizable under the LRA at the outset. The applicant's failure to plead reliance on section 33 of the Arbitration Act was not fatal, as the substance of the application was a review. The arbitrator acted within his powers, applied the correct legal principles, and conducted fair proceedings. The arbitrator's determination that the termination of the contract was unlawful and a breach was supported by the evidence, including the failure to com…

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• Review Of Private Arbitration
• Operational Requirements Dismissal
• Unlawful Termination
• Section 33 Arbitration Act
• Section 157 3 Lra
• Costs Award

Amalungelo Workers Union obo Jabulani v Cilliers and Others (JR 245/20)

Amalungelo Workers Union obo Jabulani v Cilliers and Others (JR 245/20) [2024] ZALCJHB 88 (16 February 2024)

Court

Labour Court Johannesburg

Case number

JR 245/20

Judge

S. Snyman

The Labour Court dismissed an application for leave to appeal, finding no reasonable prospects of success on the CCMA jurisdiction issue or the new grounds raised.

• Ccma Jurisdiction
• Fixed Term Contracts
• Operational Requirements Dismissal
• Leave To Appeal
• Reasonable Prospects Of Success
• Leave-to-appeal

VWSACRU obo Members v SG Coal (Pty) Ltd (JS906/20)

VWSACRU obo Members v SG Coal (Pty) Ltd (JS906/20) [2024] ZALCJHB 15 (10 January 2024)

Court

Labour Court Johannesburg

Case number

JS906/20

Judge

VG Mkwibiso

The Labour Court held that the retrenchment of 12 employees was substantively fair after a major client’s force majeure halted operations and employees offered no alternatives.

• Retrenchment
• Force Majeure
• Operational Requirements Dismissal
• Section 189a Lra
• Procedural Fairness
• Substantive Fairness