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South Africa Case Law

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Labour Law [2025] ZALCCT 61

National Union of Metalworkers of South Africa obo Gxesi and Others v Faurecia Emission Control Technologies (Pty) Ltd and Others (C97/2022)

National Union of Metalworkers of South Africa obo Gxesi and Others v Faurecia Emission Control Technologies (Pty) Ltd and Others (C97/2022) [2025] ZALCCT 61 (6 August 2025)

Court
Labour Court Cape Town
Case number
C97/2022
Judge
Stelzner

Labour Court review of an arbitration award upheld dismissals for collective refusal to continue a stock take shift after 3pm.

  • Unfair Dismissal
  • Gross Insubordination
  • Collective Agreement Interpretation
  • Overtime Entitlement
  • Arbitration Review
  • Disciplinary Sanction
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Labour Law [2024] ZALCJHB 356

Solidarity obo Members v Eskom Holdings (JS795/2022)

Solidarity obo Members v Eskom Holdings (JS795/2022) [2024] ZALCJHB 356 (5 September 2024)

Court
Labour Court Johannesburg
Case number
JS795/2022
Judge
Prinsloo

The Labour Court granted absolution from the instance in a dispute over Eskom’s reduction of an overtime rate, finding no prima facie contractual breach.

  • Collective Agreements
  • Specific Performance
  • Interpretation Of Contracts
  • Absolution From The Instance
  • Absolution-from-the-instance
  • Contract-interpretation
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Labour Law [2023] ZALCJHB 23

AMCU obo Mkhonto and Others v Commission For Conciliation, Mediation And Arbitration and Others (JR 2266/17)

AMCU obo Mkhonto and Others v Commission For Conciliation, Mediation And Arbitration and Others (JR 2266/17) [2023] ZALCJHB 23; (2023) 44 ILJ 1046 (LC); [2023] 5 BLLR 403 (LC) (13 February 2023)

Court
Labour Court Johannesburg
Case number
JR 2266/17
Judge
Nkutha-Nkontwana

The Labour Court found that refusal to work overtime was not wilful insubordination where no valid overtime agreement existed, and dismissal was excessive.

  • Insubordination
  • Refusal To Work Overtime
  • Basic Conditions Of Employment Act
  • Progressive Discipline
  • Unfair Dismissal
  • Labour-law
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Labour Law [2016] ZALAC 50

TFD Network Africa (Pty) Ltd v Singh N.O. and Others (CA16/15)

TFD Network Africa (Pty) Ltd v Singh N.O. and Others (CA16/15) [2016] ZALAC 50; [2017] 4 BLLR 377 (LAC); (2017) 38 ILJ 1119 (LAC) (8 November 2016)

Court
Labour Appeal Court
Case number
CA 16/15
Judges
A A Landman, B Waglay, K M Savage

The Labour Appeal Court held that night work includes any work after 18:00 and before 06:00, and transport must be available at the end of overtime.

  • Night Work
  • Collective Agreement Interpretation
  • Dismissal For Refusal To Work
  • Transport Obligations
  • Basic Conditions Of Employment Act
  • Arbitration Review
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Labour Law [2016] ZALCJHB 208

Autopax Passenger Services (Pty) Ltd v South African Road Passenger Bargaining Council and Others (JR 134/13)

Autopax Passenger Services (Pty) Ltd v South African Road Passenger Bargaining Council and Others (JR 134/13) [2016] ZALCJHB 208 (14 June 2016)

Court
Labour Court Johannesburg
Case number
JR 134/13
Judge
Lagrange

Labour Court review set aside a bargaining-council arbitration award for lack of jurisdiction over the direct application of BCEA section 9.

  • Arbitrator Jurisdiction
  • Collective Agreement Interpretation
  • Basic Conditions Of Employment Act
  • Working Hours
  • Overtime Payment
  • Arbitrator-jurisdiction
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Labour Law [2007] ZALCCT 9

National Union of Mineworkers v Namakwa Sands - A Division of Anglo Operations Ltd (C836/2006)

National Union of Mineworkers v Namakwa Sands - A Division of Anglo Operations Ltd (C836/2006) [2007] ZALCCT 9 (28 November 2007)

Court
Labour Court Cape Town
Case number
C836/2006
Judge
Francis

Labour Court held that strike-time allowances, meals and abnormal overtime paid to non-strikers breached the LRA, but refused monetary relief to striker members.

  • Protected Strike
  • Discrimination Against Strikers
  • Redeployment Allowance
  • Excessive Overtime
  • Section 5 Lra
  • Remedies Under Lra
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Labour Law [2005] ZALC 40

Enforce Guarding (Pty) Ltd v Minister of Labour and Others (D236/04 , D292/04)

Enforce Guarding (Pty) Ltd v Minister of Labour and Others (D236/04 , D292/04) [2005] ZALC 40; (2005) 26 ILJ 1072 (LC); [2005] 4 BLLR 321 (LC) (21 January 2005)

Court
Labour Court
Case number
D236/04 , D292/04
Judge
Ngcamu

Labour Court refused condonation for a late BCEA appeal and dismissed a review for failure to exhaust internal remedies.

  • Basic Conditions Of Employment Act
  • Promotion Of Administrative Justice Act
  • Condonation
  • Internal Remedies Exhaustion
  • Sectoral Determination
  • Overtime Payment
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Labour Law [2002] ZALC 35

Professional Transpoort Workers Union ans Others v Magnum Security (Pty) Ltd and Another (J3128/01)

Professional Transpoort Workers Union ans Others v Magnum Security (Pty) Ltd and Another (J3128/01) [2002] ZALC 35; (2002) 23 ILJ 1292 (LC); [2002] 6 BLLR 579 (LC) (11 April 2002)

Court
Labour Court
Case number
J3128/01
Judge
B M Jammy

The Labour Court held that the employer could not unilaterally cut security guards’ actual weekly hours from 60 to 48 without consultation or agreement.

  • Sectoral Determination
  • Working Hours
  • Employment Contracts
  • Implied Terms
  • Overtime
  • Unilateral Variation
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Labour Law [2001] ZALC 139

Professional Transport Workers Union and Others v Magnum Security (Pty) Ltd and Another (J3128/01)

Professional Transport Workers Union and Others v Magnum Security (Pty) Ltd and Another (J3128/01) [2001] ZALC 139; [2002] 1 BLLR 80 (LC); (2001) 22 ILJ 2735 (LC) (7 September 2001)

Court
Labour Court
Case number
J3128/01
Judge
Landman

The Labour Court held that a wage dispute over reduced ordinary hours and alleged compulsory overtime could not be decided on paper and referred it to oral evidence.

  • Basic Conditions Of Employment Act
  • Sectoral Determination
  • Contract Of Employment
  • Overtime Entitlement
  • Mandamus
  • Dispute Of Right
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Labour Law [2001] ZALC 79

Enforce Guarding v National Security (D664/2001)

Enforce Guarding v National Security (D664/2001) [2001] ZALC 79; [2001] 10 BLLR 1122 (LC); (2001) 22 ILJ 2457 (LC) (30 May 2001)

Court
Labour Court
Case number
D664/2001
Judge
Pillay

The Labour Court held that the overtime and shift dispute was one of mutual interest, not barred by the collective agreement, and refused the interdict.

  • Collective Agreements
  • Strike Prohibition
  • Overtime Entitlement
  • Bargaining Council Constitution
  • Collective-agreements
  • Strike-action
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.