South Africa Case Law

Voice of Workers of South Africa Civil Rights Union and Another v Megabus Coach (Pty) Ltd (JS907/2020)

Voice of Workers of South Africa Civil Rights Union and Another v Megabus Coach (Pty) Ltd (JS907/2020) [2025] ZALCJHB 324 (28 July 2025)

Court

Labour Court Johannesburg

Case number

JS907/2020

Judge

Kumalo MP

The Labour Court found Lindiwe Mahlangu’s dismissal substantively unfair after unprotected strike allegations were not proved against her and reinstatement was ordered.

• Unfair Dismissal
• Strike Definition
• Parity Principle
• Consistency In Discipline
• Reinstatement Remedy
• Unfair-dismissal

Southern African Clothing and Textile Workers Union and Others v Agri Poultry (Pty) Ltd ta Daybreak Farm and Others (JS751/22)

Southern African Clothing and Textile Workers Union and Others v Agri Poultry (Pty) Ltd ta Daybreak Farm and Others (JS751/22) [2025] ZALCJHB 304 (24 July 2025)

Court

Labour Court Johannesburg

Case number

JS751/22

Judge

MB Mahalelo

The court found that the respondent failed to discharge its onus to prove that the three shop stewards were guilty of incitement, as no credible evidence was led against them. The deductions from bonus payments were lawful and did not amount to provocation. The strike lasted for three days and was not of limited duration. Although formal written ultimatums were not issued, the employees were adequately warned through union engagement and shop steward communication. The respondent applied discipline inconsistently by dismissing some employees without valid final written warnings and treating s…

Source excerpt

• Unfair Dismissal
• Unprotected Strike
• Parity Principle
• Disciplinary Inconsistency
• Remedies For Unfair Dismissal
• Compensation

Standard Bank of South Africa v Motswege and Others (JR1628/22)

Standard Bank of South Africa v Motswege and Others (JR1628/22) [2025] ZALCJHB 64 (14 February 2025)

Court

Labour Court Johannesburg

Case number

JR1628/22

Judge

S Maluleke

The Labour Court reviewed and set aside a CCMA award finding a bank dismissal unfair, holding the arbitrator misapplied consistency and ignored key material factors.

• Unfair Dismissal
• Consistency In Discipline
• Parity Principle
• Review Of Arbitration Award
• Substantive Fairness
• Unfair-dismissal

Sasol Mining (Pty) Ltd v Commissioner for Conciliation, Mediation and Arbitration and Others (JR2279/21)

Sasol Mining (Pty) Ltd v Commissioner for Conciliation, Mediation and Arbitration and Others (JR2279/21) [2024] ZALCJHB 436 (8 November 2024)

Court

Labour Court Johannesburg

Case number

JR2279/21

Judge

B M Sono

The Labour Court dismissed Sasol Mining’s review of a CCMA award that found the dismissal of an employee substantively unfair due to inconsistent discipline.

• Unfair Dismissal
• Parity Principle
• Inconsistency Of Sanction
• Review Of Arbitration Award
• Reasonableness Test
• Unfair-dismissal

Standard Bank of South Africa v South African Society of Bank Officials (SASBO) and Others (JR252/22)

Standard Bank of South Africa v South African Society of Bank Officials (SASBO) and Others (JR252/22) [2024] ZALCJHB 328 (16 August 2024)

Court

Labour Court Johannesburg

Case number

JR252/22

Judge

Mafa-Chali

The Labour Court found that the Commissioner misdirected himself by failing to properly assess the gravity of Morudu's misconduct and by incorrectly applying the parity principle. As Branch Manager, Morudu held a position of trust and was responsible for enforcing COVID-19 protocols and the bank's policies. Her conduct in organising an unauthorised party, breaching COVID-19 regulations, and posting videos on social media was grossly irresponsible and undermined the trust relationship. The Commissioner gave undue weight to the Sanction Guide and failed to distinguish Morudu's higher culpabilit…

Source excerpt

• Unfair Dismissal
• Covid 19 Workplace Protocols
• Parity Principle
• Social Media Misconduct
• Gross Misconduct

Matlakale v S (A70/2024)

Matlakale v S (A70/2024) [2024] ZAGPJHC 764 (30 July 2024)

Court

South Gauteng High Court, Johannesburg

Case number

A70/2024

Judge

Bester

The High Court dismissed a bail appeal pending sentence appeal, finding no error in refusing bail and no real prospect of a non-custodial sentence.

• Bail Pending Appeal
• Minimum Sentencing
• Parity Principle
• Substantial And Compelling Circumstances
• Bail-pending-appeal
• Minimum-sentencing

National Union of Public Service and Allied Workers obo Lutendo v Commission for Conciliation, Mediation, and Arbitration (JR2086/20)

National Union of Public Service and Allied Workers obo Lutendo v Commission for Conciliation, Mediation, and Arbitration (JR2086/20) [2024] ZALCJHB 116 (13 March 2024)

Court

Labour Court Johannesburg

Case number

JR2086/20

Judge

Norton

The Labour Court dismissed NUPSAW’s application for leave to appeal after finding no reasonable prospect of success or compelling reason under section 17(1).

• Unfair Dismissal
• Parity Principle
• Common Purpose
• Leave To Appeal Standard
• Strike Misconduct
• Leave-to-appeal

Ledwaba and Others v Barloworld Transport (Pty) Ltd (JS817/2017)

Ledwaba and Others v Barloworld Transport (Pty) Ltd (JS817/2017) [2024] ZALCJHB 92 (28 February 2024)

Court

Labour Court Johannesburg

Case number

JS817/2017

Judge

Nkutha-Nkontwana

The Labour Court held that the applicants participated in an unprotected strike, ignored ultimatums and an interdict, and were fairly dismissed.

• Unprotected Strike
• Collective Bargaining
• Procedural Fairness
• Substantive Fairness
• Disciplinary Code
• Parity Principle

National Lotteries Commission v Mafonjo and Another (JR 48/2020)

National Lotteries Commission v Mafonjo and Another (JR 48/2020) [2023] ZALCJHB 184; [2023] 9 BLLR 970 (LC); (2023) 44 ILJ 1991 (LC) (23 June 2023)

Court

Labour Court Johannesburg

Case number

JR 48/2020

Judge

S Sethene

The court found that the chairperson's ruling to suspend the dismissal of Ms Mafonjo for ten years was irrational, unlawful, and inconsistent with both the employer's disciplinary policy and established legal principles. The disciplinary policy prescribes dismissal as the only sanction for gross dishonesty and breach of confidentiality, and there is no provision for suspended dismissal. The chairperson's reliance on personal circumstances was misplaced, as such factors do not outweigh the seriousness of the misconduct or the operational need for trust in the employment relationship. The parit…

Source excerpt

• Legality Review
• Gross Dishonesty
• Fiduciary Duty
• Parity Principle
• Disciplinary Sanctions
• Breach Of Contractual Obligation

South African National Blood Service v National Education, Health and Allied Workers Union obo Mathobisa and Others (JR 654/2021)

South African National Blood Service v National Education, Health and Allied Workers Union obo Mathobisa and Others (JR 654/2021) [2023] ZALCJHB 151 (26 May 2023)

Court

Labour Court Johannesburg

Case number

JR 654/2021

Judge

A van Niekerk

The Labour Court refused condonation for a late leave-to-appeal application and dismissed the application, finding the delay unsatisfactorily explained and prospects weak.

• Condonation For Late Filing
• Leave To Appeal
• Review Of Arbitration Award
• Parity Principle
• Fair Dismissal
• Condonation-for-late-filing