South Africa Case Law

Harmony Gold Mining Company Limited v Commission for Conciliation, Mediation and Arbitration and Other (J409/2024)

Harmony Gold Mining Company Limited v Commission for Conciliation, Mediation and Arbitration and Other (J409/2024) [2025] ZALCJHB 176 (5 May 2025)

Court

Labour Court Johannesburg

Case number

J409/2024

Judge

Phakedi

The court found that the appellant's late filing of the appeal was not excessively delayed and the explanation provided was reasonable; condonation was granted. On the merits, the court held that the appellant failed to take all necessary steps to eliminate racial harassment as required by section 60 of the Employment Equity Act. The company relied solely on polygraph evidence, which was inconclusive and unsupported by direct evidence, and did not properly consult all relevant parties or investigate the incident. The criminal conviction of Van Zyl for using the 'K-word' was accepted as proof…

Source excerpt

• Employment Equity Act
• Racial Discrimination
• Vicarious Liability
• Polygraph Evidence
• Workplace Harassment

COMEEWU obo Dawule and Others v Metal and Engineering Industries Bargaining Council and Others (JR738/22)

COMEEWU obo Dawule and Others v Metal and Engineering Industries Bargaining Council and Others (JR738/22) [2024] ZALCJHB 302 (7 August 2024)

Court

Labour Court Johannesburg

Case number

JR738/22

Judge

R.T. Maddern

The court found that the Second Respondent committed a material error of law and a gross irregularity by dismissing Mr Cetiyane from the arbitration proceedings despite his representation, as Rule 30 only permits dismissal in the absence of both the party and their representative. Furthermore, the Second Respondent failed to rule on the admissibility of hearsay evidence relating to Mr Manoto, which was central to the substantive fairness of the dismissals of Messrs Dawule and Sibotsa. The award did not address whether the confession and implication by Mr Manoto should be admitted as evidence,…

Source excerpt

• Review Of Arbitration Award
• Procedural Fairness
• Substantive Fairness
• Hearsay Evidence
• Polygraph Evidence

NUMSA obo Mokase v Nissan South Africa Ltd and Others (JA46/23)

NUMSA obo Mokase v Nissan South Africa Ltd and Others (JA46/23) [2024] ZALAC 16; [2024] 9 BLLR 967 (LAC) (23 April 2024)

Court

Labour Appeal Court

Case number

JA46/2023

Judges

Savage, Mlambo, Jolwana

The Labour Appeal Court dismissed an appeal against findings that a dismissal for threats and intimidation was substantively and procedurally fair.

• Unfair Dismissal
• Admissibility Of Hearsay Evidence
• Polygraph Evidence
• Procedural Fairness
• Review Of Arbitration Award
• Unfair-dismissal

Roche v Lebaea and Others (C530/2021)

Roche v Lebaea and Others (C530/2021) [2023] ZALCCT 16 (17 April 2023)

Court

Labour Court Cape Town

Case number

C530/2021

Judge

Lagrange

The Labour Court set aside an arbitration award after finding the arbitrator unreasonably admitted hearsay and misread the evidence on a dismissal dispute.

• Admission Of Hearsay Evidence
• Substantive Fairness
• Procedural Fairness
• Polygraph Evidence
• Disciplinary Code Interpretation
• Labour-law

Endeto Engineering (Pty) Ltd v Metal & Engineering Industries Bargaining Council and Others (JR823/20)

Endeto Engineering (Pty) Ltd v Metal & Engineering Industries Bargaining Council and Others (JR823/20) [2023] ZALCJHB 26; [2023] 11 BLLR 1188 (LC) (20 February 2023)

Court

Labour Court Johannesburg

Case number

JR823/20

Judge

T Govender

Labour Court review of an unfair dismissal award upheld the arbitrator’s finding that the dismissal was substantively unfair and dismissed the employer’s review.

• Unfair Dismissal
• Polygraph Evidence
• Procedural Fairness
• Conflict Of Interest
• Compensation For Unfair Dismissal
• Labour-law

SA Metal Group (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (C399/2019)

SA Metal Group (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (C399/2019) [2021] ZALCCT 63 (8 September 2021)

Court

Labour Court Cape Town

Case number

C399/2019

Judge

Lagrange

Despite the arbitrator's errors in evaluating the evidence, the court found that the available evidence did not compel a finding in favour of the applicant. Joubert's testimony was problematic, containing hearsay and lacking corroboration, and the polygraph results were not supported by expert evidence. The locker system was disorganized, and no direct evidence linked Ngqanekane to the copper wire. The court held that, even with the arbitrator's flawed reasoning, a reasonable arbitrator could have concluded that the applicant failed to discharge the onus of proving misconduct on a balance of…

Source excerpt

• Unfair Dismissal
• Review Of Arbitration Award
• Polygraph Evidence
• Onus Of Proof

Goldplat Recovery (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (JR488/2019)

Goldplat Recovery (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (JR488/2019) [2021] ZALCJHB 48 (3 February 2021)

Court

Labour Court Johannesburg

Case number

JR488/2019

Judge

Tlhotlhalemaje

Labour Court dismissed Goldplat’s review of a CCMA award, upholding a finding that Maziya’s dismissal was substantively unfair and that maximum compensation was justified.

• Unfair Dismissal
• Polygraph Evidence
• Compensation Quantum
• Onus Of Proof
• Circumstantial Evidence
• Unfair-dismissal

Vesela Risk Services (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (JR648/18)

Vesela Risk Services (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (JR648/18) [2021] ZALCJHB 37 (28 January 2021)

Court

Labour Court Johannesburg

Case number

JR648/18

Judge

P Nkutha-Nkontwana

The Labour Court dismissed a review as deemed withdrawn for late filing of the record. It also held that polygraph results alone were insufficient to sustain the dismissals.

• Review Application Withdrawal
• Polygraph Evidence
• Unfair Dismissal
• Practice Manual Compliance
• Review-application-withdrawal
• Polygraph-evidence

TR Liquor t/a Solly Kramers Parkhurst v Tau and Others (JR 2739/18)

TR Liquor t/a Solly Kramers Parkhurst v Tau and Others (JR 2739/18) [2020] ZALCJHB 123 (13 August 2020)

Court

Labour Court Johannesburg

Case number

JR 2739/18

Judge

P Nkutha-Nkontwana

The Labour Court dismissed a review challenge to a CCMA award, holding that the employer failed to prove theft and that the award was reasonable.

• Unfair Dismissal
• Polygraph Evidence
• Procedural Fairness
• Substantive Fairness
• Labour-law
• Unfair-dismissal

Majola v S (CA&R 15/2019)

Majola v S (CA&R 15/2019) [2020] ZAECPEHC 21 (25 June 2020)

Court

Eastern Cape High Court, Port Elizabeth

Case number

CA&R 15/2019

Judge

M Makaula

The High Court dismissed a bail application brought on alleged new facts, finding the applicant merely repeated earlier evidence and failed to show exceptional circumstances.

• Bail Application
• Exceptional Circumstances
• Common Purpose
• Polygraph Evidence
• Confession Admissibility
• Bail-application