South Africa Case Law

Samson v Commission for Conciliation, Mediation and Arbitration and Others (JR2023/22)

Samson v Commission for Conciliation, Mediation and Arbitration and Others (JR2023/22) [2025] ZALCJHB 13 (14 January 2025)

Court

Labour Court Johannesburg

Case number

JR2023/22

Judge

Daniels

The court found that the commissioner failed to apply his mind to the material evidence and issues, treating disputed facts as common cause and failing to resolve critical disputes. The applicant was denied a fair hearing, and the outcome of the arbitration award was unreasonable. The evidence showed that the applicant faced extreme workloads and a significantly reduced team, and there was no basis to conclude that she was negligent or careless. The final written warning constituted an unfair labour practice and was set aside. The court determined that it was in the interests of justice to re…

Source excerpt

• Unfair Labour Practice
• Poor Work Performance
• Disciplinary Action
• Arbitration Review
• Procedural Fairness

Association of Mineworkers and Construction Workers Union obo Ntuli v Ferroglobe Silicon Smelters (Pty) Limited (JS652/18)

Association of Mineworkers and Construction Workers Union obo Ntuli v Ferroglobe Silicon Smelters (Pty) Limited (JS652/18) [2024] ZALCJHB 485; [2025] 3 BLLR 273 (LC); (2025) 46 ILJ 1160 (LC) (6 December 2024)

Court

Labour Court Johannesburg

Case number

JS652/18

Judge

Nkutha-Nkontwana

The court found that Mr Ntuli was dismissed for poor work performance and misconduct, not because of his union activities or position as a shop steward. The evidence established that Mr Ntuli failed to meet the required performance standards, neglected his contractual duties, and engaged in disorderly conduct by leading and participating in disruptive actions. The respondent provided counselling, training, and opportunities for improvement, but Mr Ntuli did not remedy his deficiencies. The court held that the protection afforded to shop stewards does not extend to conduct that breaches contra…

Source excerpt

• Poor Work Performance
• Automatically Unfair Dismissal
• Union Activity Protection
• Conflict Of Interest
• Disciplinary Procedure
• Substantive Fairness

Mthimunye v Nokonkoeng N.O and Another (JR2777/18)

Mthimunye v Nokonkoeng N.O and Another (JR2777/18) [2023] ZALCJHB 81 (24 March 2023)

Court

Labour Court Johannesburg

Case number

JR2777/18

Judge

A. Snider

Review application dismissed: the applicant failed to show reviewable irregularity in the arbitration of his dismissal for poor work performance.

• Review Of Arbitration Award
• Poor Work Performance
• Dismissal For Incapacity
• Condonation Application
• Labour-law
• Review-of-arbitration-award

Amazon Development Centre (South Africa) (Pty) Ltd v Mashabela and Others (C1215/2018)

Amazon Development Centre (South Africa) (Pty) Ltd v Mashabela and Others (C1215/2018) [2021] ZALCCT 29 (8 April 2021)

Court

Labour Court Cape Town

Case number

C1215/2018

Judge

Rabkin-Naicker

The Labour Court set aside an arbitration award, holding that the commissioner misdirected himself by focusing on the rating system rather than the fairness of the dismissal.

• Unfair Dismissal
• Poor Work Performance
• Review Of Arbitration Award
• Performance Standards
• Code Of Good Practice
• Labour-law

Ubuntu Education Fund v Paulsen N.O and Others (PA12/17)

Ubuntu Education Fund v Paulsen N.O and Others (PA12/17) [2019] ZALAC 56; [2019] 11 BLLR 1252 (LAC); (2019) 40 ILJ 2524 (LAC) (15 August 2019)

Court

Labour Appeal Court

Case number

PA12/17

Judges

Tlaletsi, Murphy, Savage

The Labour Appeal Court held that the employee remained on probation, had been given adequate guidance, and was fairly dismissed for poor work performance.

• Probationary Employment
• Poor Work Performance
• Unfair Dismissal
• Code Of Good Practice
• Substantive Fairness
• Probationary-employment

SASBO obo Mahlangu v Commission for Conciliation, Mediation and Arbitration and Others (JR1142/15)

SASBO obo Mahlangu v Commission for Conciliation, Mediation and Arbitration and Others (JR1142/15) [2019] ZALCJHB 52 (20 March 2019)

Court

Labour Court Johannesburg

Case number

JR1142/15

Judge

D Mahosi

The court found that the commissioner’s decision was reasonable and supported by the evidence. Mr Mahlangu failed to meet known performance standards despite being given opportunities and support. The commissioner’s conduct, including the alleged sleeping, did not distort the outcome or result in a mistrial. The refusal to postpone was not irregular, as Standard Bank was not represented by an attorney and the applicant failed to show judicial discretion was not exercised. No basis was established for review, and the arbitrator’s award stands.

Source excerpt

• Unfair Dismissal
• Poor Work Performance
• Arbitration Review
• Procedural Fairness
• Substantive Fairness

Exxarro Ferro Alloys (Pty) Ltd v Kekana and Others (JR 1293/16)

Exxarro Ferro Alloys (Pty) Ltd v Kekana and Others (JR 1293/16) [2019] ZALCJHB 19 (5 February 2019)

Court

Labour Court Johannesburg

Case number

JR 1293/16

Judge

Mahosi

The Labour Court found that the commissioner misconstrued the enquiry by proceeding to consider whether the employee was afforded a fair opportunity to meet the required standard after finding there was no poor work performance. The commissioner ignored material evidence showing the employee was aware of the required standard, had acknowledged his mistakes, requested further training, and was provided with extensive support and guidance over six months. The commissioner’s findings that the employee was not aware of the standard and was not given a fair opportunity were unreasonable and unsupp…

Source excerpt

• Unfair Dismissal
• Poor Work Performance
• Arbitration Review
• Substantive Fairness
• Procedural Fairness

Prestige Cosmetics Group (Pty) Ltd v Ceda NO and Others (JR1556/17)

Prestige Cosmetics Group (Pty) Ltd v Ceda NO and Others (JR1556/17) [2018] ZALCJHB 230 (20 June 2018)

Court

Labour Court Johannesburg

Case number

JR1556/17

Judge

Van Niekerk

The Labour Court reviewed and set aside a CCMA award on poor work performance dismissals, finding the arbitrator ignored undisputed evidence and reached an unreasonable result.

• Unfair Dismissal
• Review Of Arbitration Award
• Procedural Fairness
• Poor Work Performance
• Review-of-arbitration-award
• Poor-work-performance

Midas Group Komatipoort v NUMSA and Others (JR1585/14)

Midas Group Komatipoort v NUMSA and Others (JR1585/14) [2018] ZALCJHB 83 (14 February 2018)

Court

Labour Court Johannesburg

Case number

JR1585/14

Judge

S Snyman

Labour Court upheld an arbitrator’s finding that dismissals of two cleaners were substantively unfair and dismissed the employer’s review application.

• Unfair Dismissal
• Poor Work Performance
• Insubordination
• Arbitration Review
• Jurisdiction Of Bargaining Council
• Unfair-dismissal

Jorgensen v I Kat Computing (Pty) Ltd and Others (DA10/16)

Jorgensen v I Kat Computing (Pty) Ltd and Others (DA10/16) [2017] ZALAC 70; [2018] 3 BLLR 254 (LAC); (2018) 39 ILJ 785 (LAC) (21 November 2017)

Court

Labour Appeal Court

Case number

DA 10/16

Judges

Tlaletsi DJP, Landman JA, Phatshoane AJA

Labour Appeal Court held the dismissal for gross insubordination was substantively unfair, reduced compensation, and dismissed a remittal on poor work performance.

• Unfair Dismissal
• Poor Work Performance
• Gross Insubordination
• Compensation
• Arbitration Review
• Unfair-dismissal