South Africa Case Law

Mohamed v Commission for Conciliation, Mediation and Arbitration and Another (JR1889/2020)

Mohamed v Commission for Conciliation, Mediation and Arbitration and Another (JR1889/2020) [2023] ZALCJHB 296 (24 October 2023)

Court

Labour Court Johannesburg

Case number

JR1889/2020

Judge

F.I. Baloyi

The Labour Court refused condonation for a late review application and dismissed the review, finding the delay poorly explained and the review lacked prospects.

• Condonation
• Review Of Arbitration Award
• Fixed Term Contract
• Reasonable Expectation Of Renewal
• Poor Performance
• Expeditious Dispute Resolution

Mokoena v Merafong Municipality and Others (J1788/19)

Mokoena v Merafong Municipality and Others (J1788/19) [2019] ZALCJHB 226; (2020) 41 ILJ 234 (LC) (13 September 2019)

Court

Labour Court Johannesburg

Case number

J1788/19

Judge

Prinsloo

The Labour Court held it could not compel the municipality to treat allegations against a municipal manager as poor performance rather than misconduct.

• Precautionary Suspension
• Poor Performance
• Disciplinary Procedure
• Jurisdiction
• Costs Award
• Precautionary-suspension

Chevron South Africa (Proprietary) Limited v Chemical, Energy, Paper, Printing, Wood and Allied Workers Union and Others (C734/2016)

Chevron South Africa (Proprietary) Limited v Chemical, Energy, Paper, Printing, Wood and Allied Workers Union and Others (C734/2016) [2017] ZALCCT 71 (15 June 2017)

Court

Labour Court Cape Town

Case number

C 734/2016

Judge

S Mabaso

Labour Court review of a poor-performance dismissal award. The award was partly set aside: procedural unfairness stood, but sanction was remitted for fresh determination.

• Unfair Dismissal
• Poor Performance
• Procedural Fairness
• Compensation
• Remittal For Sanction
• Arbitration Review

South African Clothing and Textile Workers' Union and Others v Stephead Military Headwear CC (JS791/14)

South African Clothing and Textile Workers' Union and Others v Stephead Military Headwear CC (JS791/14) [2017] ZALCJHB 184 (23 May 2017)

Court

Labour Court Johannesburg

Case number

JS791/14

Judge

E Tlhotlhalemaje

The Court found that the grounds for leave to appeal raised by the respondent were adequately addressed in the main judgment. The respondent accepted that it did not prove a valid reason for dismissal for operational requirements and that the procedure did not conform to the Labour Relations Act. The Court held that there was no sound or rational basis to conclude that there were reasonable prospects that the Labour Appeal Court would reach a different conclusion on the facts or law. The application for leave to appeal was therefore dismissed, and the applicants were not burdened with costs,…

Source excerpt

• Unfair Dismissal
• Operational Requirements
• Poor Performance
• Procedural Fairness
• Leave To Appeal
• Jurisdiction

Berco Express v SATAWU obo Motopi and Others (JR2123/03)

Berco Express v SATAWU obo Motopi and Others (JR2123/03) [2005] ZALC 79; (2006) 27 ILJ 793 (LC) (8 June 2005)

Court

Labour Court

Case number

JR2123/03

Judge

E Revelas

Labour Court review of an unfair dismissal award: the arbitrator wrongly awarded both retrospective reinstatement and compensation and confused poor performance with misconduct.

• Unfair Dismissal
• Review Of Arbitration Award
• Compensation And Reinstatement
• Procedural Fairness
• Poor Performance
• Disciplinary Procedure

Fleming v Ngwenya N.O and Others (J2381/98)

Fleming v Ngwenya N.O and Others (J2381/98) [1999] ZALC 159 (28 October 1999)

Court

Labour Court

Case number

J2381/98

Judge

E Revelas

Review application succeeded where the Labour Court set aside a compensation award for a probationary employee after finding the arbitrator ignored evidence of training and counselling.

• Review Of Arbitration Award
• Probationary Dismissal
• Compensation Award
• Poor Performance
• Procedural Fairness
• Probationary-dismissal

JDG Trading (Pty) Ltd t/a Price 'n Pride v Brunsdon (JA70/98)

JDG Trading (Pty) Ltd t/a Price 'n Pride v Brunsdon (JA70/98) [1999] ZALAC 40 (21 October 1999)

Court

Labour Appeal Court

Case number

JA70/98

Judges

RMM Zondo, C R Nicholson, Conradie

The Labour Appeal Court upheld a finding of unfair dismissal, holding that the employee was dismissed from a new role without a proper hearing or valid new-role performance basis.

• Unfair Dismissal
• Audi Alteram Partem
• Poor Performance
• Procedural Fairness
• Remedies For Unfair Dismissal
• Unfair-dismissal

Price Busters Brick Company (Pty) Ltd v Mbileni and Another (J971/98)

Price Busters Brick Company (Pty) Ltd v Mbileni and Another (J971/98) [1998] ZALC 91 (28 October 1998)

Court

Labour Court

Case number

J971/98

Judge

R. M. M. Zondo

The Labour Court reviewed and set aside a CCMA award finding procedural unfairness in a poor-performance dismissal, holding the employer had given notice, warnings, and an opportunity to respond.

• Unfair Dismissal
• Poor Performance
• Procedural Fairness
• Compensation
• Audi Alteram Partem
• Procedural-fairness