South Africa Case Law

Cashbuild SA (Pty) Ltd v Ngudle N.O. and Others (PR277/22)

Cashbuild SA (Pty) Ltd v Ngudle N.O. and Others (PR277/22) [2025] ZALCPE 16 (6 August 2025)

Court

Labour Court Port Elizabeth

Case number

PR277/22

Judge

C de Kock

The court found that the arbitrator's identification of the central issue—failure to communicate with the customer—was reasonable given the charges as formulated. However, the arbitrator erred in finding that the applicant failed to prove breach of the rules, as the evidence established poor customer service and bringing the company name into disrepute. The court held that the misconduct did not amount to gross negligence warranting dismissal for a first offence, especially since the final written warning was issued only days before the complaint and could not fairly aggravate the sanction. T…

Source excerpt

• Unfair Dismissal
• Progressive Discipline
• Arbitration Review
• Back Pay
• Procedural Fairness

Giwusa obo Buthelezi v AEL Mining Services Limited and Others (JR 1572/2018)

Giwusa obo Buthelezi v AEL Mining Services Limited and Others (JR 1572/2018) [2025] ZALCJHB 225 (20 June 2025)

Court

Labour Court Johannesburg

Case number

JR 1572/2018

Judge

Lagrange

Labour Court review dismissed after upholding an award finding dismissal fair for vulgar language directed at a SHEQ meeting convener, though procedurally unfair.

• Unfair Dismissal
• Procedural Fairness
• Vulgar Language In Workplace
• Progressive Discipline
• Arbitration Review
• Labour-law

SASBO Finance Union obo Strrnkamp v African Bank Ltd and Others (C615/2021)

SASBO Finance Union obo Strrnkamp v African Bank Ltd and Others (C615/2021) [2025] ZALCCT 35 (30 May 2025)

Court

Labour Court Cape Town

Case number

C615/2021

Judge

Duba

The Labour Court reviewed a CCMA award upholding dismissal for negligence, finding the commissioner misconceived the inquiry by ignoring delay and mitigation.

• Unfair Dismissal
• Progressive Discipline
• Delay In Disciplinary Action
• Remedies For Unfair Dismissal
• Trust Relationship Breakdown
• Unfair-dismissal

Shave and Gibson Packaging (Pty) Ltd v African Meat Industry and Allied Trade Union and Another (DA21/23)

Shave and Gibson Packaging (Pty) Ltd v African Meat Industry and Allied Trade Union and Another (DA21/23) [2025] ZALAC 31; [2025] 8 BLLR 819 (LAC); (2025) 46 ILJ 1923 (LAC) (28 May 2025)

Court

Labour Appeal Court

Case number

DA21/23

Judges

Savage ADJP, Van Niekerk JA, Govindjee AJA

The Labour Appeal Court held that the dismissal of identified employees who deliberately and persistently breached the picketing rules and the court order by picketing outside the demarcated area was substantively fair. The misconduct was flagrant, protracted, and amounted to gross insubordination, justifying dismissal. The employees were aware of the rules and the order, and their conduct undermined the authority of the court and the employer’s operational requirements. In contrast, the dismissal of unidentified employees, who were not proven to have breached the picketing rules or the order…

Source excerpt

• Protected Strike
• Picketing Rules
• Dismissal For Misconduct
• Gross Insubordination
• Progressive Discipline
• Constitutional Right To Picket

National Health Laboratory Services v Commission for Conciliation, Mediation and Arbitration and Others (JR2790/21)

National Health Laboratory Services v Commission for Conciliation, Mediation and Arbitration and Others (JR2790/21) [2025] ZALCJHB 161 (7 May 2025)

Court

Labour Court Johannesburg

Case number

JR2790/21

Judge

Swartz

The Labour Court found that the commissioner's decision to reinstate Mr Molotsi without backpay and impose a final written warning was reasonable and supported by the evidence. The NHLS failed to reasonably accommodate Mr Molotsi, a highly vulnerable employee, during the COVID-19 pandemic, disregarding both its own policies and applicable regulations. The risk assessment was conducted improperly, and the NHLS rigidly adhered to its interpretation of internal policies without meaningful engagement with the employee's concerns. The commissioner correctly applied the principles of progressive di…

Source excerpt

• Unfair Dismissal
• Covid 19 Workplace Accommodation
• Risk Assessment
• Substantive Fairness
• Employee Right To Refuse Work
• Progressive Discipline

MEC Dept Of Health v Public Health Social Development Sectoral Bargaining Council and Others (C761/2021)

MEC Dept Of Health v Public Health Social Development Sectoral Bargaining Council and Others (C761/2021) [2025] ZALCCT 20; [2025] 6 BLLR 618 (LC); (2025) 46 ILJ 1391 (LC) (2 April 2025)

Court

Labour Court Cape Town

Case number

C761/2021

Judge

Lagrange

The Labour Court set aside an arbitration award after finding a doctor’s dismissal for attending work intoxicated was substantively and procedurally fair.

• Dismissal For Misconduct
• Gross Negligence
• Admission Of Hearsay Evidence
• Progressive Discipline
• Occupational Health And Safety
• Dismissal-for-misconduct

Njobe v Commission for Conciliation, Mediation and Arbitration and Others (JR1199/21)

Njobe v Commission for Conciliation, Mediation and Arbitration and Others (JR1199/21) [2025] ZALCJHB 81 (26 February 2025)

Court

Labour Court Johannesburg

Case number

JR1199/21

Judge

Tlhotlhalemaje

The court found that the Commissioner’s decision was reasonable and justified. The applicant’s misconduct, given his position and responsibilities in a high-risk environment, constituted gross negligence. The applicant had previously been warned and counselled for similar offences, and progressive discipline had failed to correct his behaviour. The Commissioner correctly distinguished the applicant’s case from his colleague’s based on disciplinary history, and the claim of inconsistent application of discipline was not supported by comparable facts. The Commissioner evaluated the evidence, co…

Source excerpt

• Unfair Dismissal
• Gross Negligence
• Progressive Discipline
• Inconsistent Application Of Discipline
• Review Test
• Arbitration Award

Castle and Another v Safety and Security Sector Bargaining Council (SSSBC) and Others (JR975/21)

Castle and Another v Safety and Security Sector Bargaining Council (SSSBC) and Others (JR975/21) [2025] ZALCJHB 48 (12 February 2025)

Court

Labour Court Johannesburg

Case number

JR975/21

Judge

M Makhura

Labour Court review dismissed after finding SAPS officers fairly dismissed for failing to investigate an assault case and for contrived disciplinary warnings.

• Unfair Dismissal
• Disciplinary Procedure
• Double Jeopardy
• Progressive Discipline
• Review Of Arbitration Award
• Unfair-dismissal

NUMSA obo Dismissed Employees Listed in Annexure "A" v M and S Corrosion Sasolburg (Pty) Ltd (J507/2022)

NUMSA obo Dismissed Employees Listed in Annexure "A" v M and S Corrosion Sasolburg (Pty) Ltd (J507/2022) [2025] ZALCJHB 28 (24 January 2025)

Court

Labour Court Johannesburg

Case number

J507/2022

Judge

Mahalelo

The court found that the respondent issued a verbal ultimatum to the shop stewards, who conveyed it to the applicants, warning them that participation in the unprotected strike would result in disciplinary action and possible dismissal. The applicants were given sufficient time to reflect on their decision and knowingly chose to proceed with the illegal strike. The evidence showed that the applicants were aware of the consequences and that the respondent followed fair procedure. The seriousness of the misconduct, the prior warnings, and the applicants' refusal to heed the ultimatum justified…

Source excerpt

• Unprotected Strike
• Dismissal For Misconduct
• Ultimatum Requirement
• Progressive Discipline
• Substantive Fairness
• Code Of Good Practice

Department of Sports Arts and Culture and Recreation v General Public Service Sector Bargaining Council (JR1086/21)

Department of Sports Arts and Culture and Recreation v General Public Service Sector Bargaining Council (JR1086/21) [2025] ZALCJHB 21 (21 January 2025)

Court

Labour Court Johannesburg

Case number

JR1086/21

Judge

B Luthuli

The Labour Court granted condonation for a one-day delay and granted leave to appeal after finding reasonable prospects that another court could reach a different result.

• Leave To Appeal
• Condonation
• Fiduciary Duty
• Progressive Discipline
• Leave-to-appeal
• Labour-court-review