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South Africa decisions
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Rolfes Chemicals (Pty) Ltd v Moni N.O and Others (JR 2734/19; JR 472/21) [2024] ZALCJHB 408 (14 October 2024)
Labour Court held that refusing reasonable polygraph-related instructions amid stock-theft suspicions was gross insubordination; dismissals of two employees were fair.
A.K v Right to Care NPC (JS597/21) [2023] ZALCJHB 205 (7 July 2023)
The Labour Court dismissed an application for leave to appeal, finding no reasonable prospect of success on issues including expeditious handling of a sexual harassment grievance and use of a polygraph test.
GIWUSA obo Malemone and Others v Mashaba NO and Others (JR1124/19) [2021] ZALCJHB 356 (13 October 2021)
Labour Court review of a dismissal for refusing polygraph testing. The court held the arbitrator’s award was reasonable and dismissed the review.
Crossroads Distribution (Pty) Ltd t/a Skynet Worldwide Express v National Bargaining Council for the Road Freight and Logistics Industry and Others (JR1335/14) [2020] ZALCJHB 78 (12 May 2020)
Labour Court review of an arbitration award over employees refusing polygraph tests. The court set the award aside and found the dismissals fair.
National Union of Mineworkers v Bidvest Protea Coin (Pty) Ltd and Others (J1391/19) [2019] ZALCJHB 161 (28 June 2019)
The court found that NUM failed to establish urgency, as the events leading to the application were known well in advance and NUM participated in the retrenchment consultations without timely intervention. The contractual arrangements between Protea and Harmony, allowing for removal of employees for operational reasons and subjecting employees to polygraph testing, were not unlawful or contrary to public policy. Harmony was not the employer and its joinder was unwarranted. The Labour Court lacked jurisdiction to declare commercial contract terms unlawful in the absence of an employment relati…
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Bidvest Protea Coin (Pty) Ltd v Ngcobo and Others (JR2601/17) [2019] ZALCJHB 117 (22 May 2019)
Labour Court review of an unfair dismissal award involving refusal to sign a polygraph consent form. The award was set aside and the dismissal held fair.
Kgwedi v Bidvest Protea Coin (Pty) Ltd (JS1052/16) [2018] ZALCJHB 425; [2019] 6 BLLR 562 (LC) (18 December 2018)
The court found that the applicant failed to prove that he was coerced or acted under duress when signing the retrenchment agreement. The evidence showed that the applicant understood the terms of the agreement, signed all relevant sections, and did not raise concerns about coercion at the time or in subsequent correspondence. The operational requirements for dismissal were established by the employment contract and the client’s demand for removal following a failed polygraph test. The respondent offered alternative placement, which the applicant declined, opting instead for retrenchment. The…
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Bidvest Protea Coin (Pty) v Kgwedi (JS1052/16) [2017] ZALCJHB 243 (14 June 2017)
The Labour Court granted condonation for the late filing of a statement of defence, finding the delay was not severe, caused no real prejudice, and the defence had prospects of success.
Fairway at Randpark Operations (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (JR1471/2011) [2015] ZALCJHB 391; (2016) 37 ILJ 675 (LC) (13 November 2015)
Labour Court review of an award finding unfair dismissal; the award was set aside after the court held the commissioner ignored key evidence and contract breaches.
Gemalto South Africa (Pty) Ltd v Ceppwawu obo Louw and Others (JA 54/14) [2015] ZALAC 36; [2015] 11 BLLR 1100 (LAC); (2015) 36 ILJ 3002 (LAC) (27 August 2015)
The Labour Appeal Court upheld a finding that dismissing 23 employees for refusing polygraph tests was substantively unfair because the discipline was selective and irrational.
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