South Africa Case Law

Magxala v Department of Health, Northern Cape and Others (C127/2022)

Magxala v Department of Health, Northern Cape and Others (C127/2022) [2025] ZALCCT 9 (5 February 2025)

Court

Labour Court Cape Town

Case number

C127/2022

Judge

Lagrange

The court found that the applicant's delay in filing the review application was extremely excessive, being twelve and seven times longer than the statutory period permitted. The explanation provided was wholly inadequate, lacking meaningful detail regarding the steps taken to obtain the award, the actions of her attorneys, and the periods of inaction. The personal circumstances cited, including illness and bereavement, were not supported by evidence of incapacity to work or inability to act, and did not account for the entire period of delay. The court held that in the absence of a full and r…

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• Condonation
• Unfair Labour Practice
• Promotion
• Review Of Arbitration Award
• Delay In Filing
• Prospects Of Success

Department of Water and Sanitation v General Public Service Sectoral Bargaining Council and Others (PR 240/22)

Department of Water and Sanitation v General Public Service Sectoral Bargaining Council and Others (PR 240/22) [2024] ZALCPE 4; (2024) 45 ILJ 1250 (LC) (1 March 2024)

Court

Labour Court Port Elizabeth

Case number

PR 240/22

Judge

S Snyman

The Labour Court set aside an arbitration award on pay progression and bonus, finding the employee had been promoted, needed a new performance agreement, and was not eligible for 2018/2019 rewards.

• Unfair Labour Practice
• Promotion
• Performance Management
• Pay Progression
• Performance Bonus
• Arbitration Review

Hlope v Head of Department: Department of Education KZN and Others (D755/2021)

Hlope v Head of Department: Department of Education KZN and Others (D755/2021) [2024] ZALCD 4; (2024) 45 ILJ 805 (LC) (18 January 2024)

Court

Labour Court Durban

Case number

D755/2021

Judge

Thulani Khuzwayo

Labour Court review set aside an arbitration award on promotion unfair labour practice, finding crucial evidence was ignored and the fifth respondent’s appointment invalid.

• Unfair Labour Practice
• Promotion
• Arbitration Review
• Procedural Fairness
• Substantive Fairness
• Labour-law

Koma and Others v Member of the Executive Council (MEC): Gauteng Department of Agriculture and Rural Development and Others (JR1544/19)

Koma and Others v Member of the Executive Council (MEC): Gauteng Department of Agriculture and Rural Development and Others (JR1544/19) [2023] ZALCJHB 315; [2024] 2 BLLR 170 (LC) (8 November 2023)

Court

Labour Court Johannesburg

Case number

JR1544/19

Judge

S Snyman

The court held that the applicants failed to establish any right to be promoted to grade level 10, as their positions remained at grade level 8 with unchanged duties, salary, and conditions of employment. The restructuring and job evaluation were implemented at a national level, and the applicants did not meet the requirements for the new supervisory position. No decision to demote or refuse promotion was taken by the Department; the applicants' claim was based solely on a change in job title. The arbitration award was found to be reasonable, as the arbitrator properly considered all evidence…

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• Unfair Labour Practice
• Demotion
• Promotion
• Arbitration Review
• Management Prerogative
• Condonation

City Of Tshwane Metropolitan Municipality v South African Local Government Bargaining Council and Others (JR 56/2022)

City Of Tshwane Metropolitan Municipality v South African Local Government Bargaining Council and Others (JR 56/2022) [2023] ZALCJHB 243 (16 August 2023)

Court

Labour Court Johannesburg

Case number

JR 56/2022

Judge

Van Niekerk

The Labour Court reviewed and set aside an arbitration award after finding the bargaining council lacked jurisdiction over a dispute about failure to appoint, not promotion.

• Unfair Labour Practice
• Promotion
• Jurisdiction Of Bargaining Council
• Section 186 Lra
• Unfair-labour-practice
• Jurisdiction

Department of Education, Northern Cape v Education Labour Relations Bargaining Council and Others (PR229/18)

Department of Education, Northern Cape v Education Labour Relations Bargaining Council and Others (PR229/18) [2023] ZALCPE 18 (15 August 2023)

Court

Labour Court Port Elizabeth

Case number

PR229/18

Judge

N Msizi

The Labour Court dismissed a review of a CCMA award finding an unfair labour practice in the appointment of a school principal.

• Unfair Labour Practice
• Promotion
• Employment Of Educators Act
• Review Of Arbitration Award
• Onus Of Proof
• Administrative Action

Centlec (SOC) Ltd v Masepole and Others (A52/2022)

Centlec (SOC) Ltd v Masepole and Others (A52/2022) [2023] ZAFSHC 73 (16 March 2023)

Court

Free State High Court, Bloemfontein

Case number

A52/2022

Judges

C.J. Musi, P.J. Loubser, M.E. Mahlangu

The High Court held that Centlec could reverse the respondents’ promotions because they were based on a common mistake about the applicable policy.

• Common Mistake
• Employment Contract
• Unilateral Demotion
• Rapid Progression Policy
• Unfair Labour Practice
• Common-mistake

NEHAWU obo Msweli and Others v Msiza N.O and Others (JR 2124/17)

NEHAWU obo Msweli and Others v Msiza N.O and Others (JR 2124/17) [2022] ZALCJHB 361 (25 November 2022)

Court

Labour Court Johannesburg

Case number

JR 2124/17

Judge

D Mahosi

The Labour Court dismissed a review of an arbitration award concerning retrospective absorption of Archivists into upgraded posts, finding no reviewable irregularity.

• Unfair Labour Practice
• Review Of Arbitration Award
• Condonation
• Benefits
• Promotion
• Interpretation Of Directive

Lecogo v General Public Service Sectoral Bargaining Council and Others (JR699/21)

Lecogo v General Public Service Sectoral Bargaining Council and Others (JR699/21) [2022] ZALCJHB 360 (20 October 2022)

Court

Labour Court Johannesburg

Case number

JR699/21

Judge

Snider

The Labour Court reviewed and set aside an arbitration award, finding that the Department unfairly promoted a candidate who did not meet the advertised requirements.

• Unfair Labour Practice
• Promotion
• Condonation
• Review Of Arbitration Award
• Remuneration Compensation
• Unfair-labour-practice

Mashaba v University of Johannesburg and Others (JA 140/2021)

Mashaba v University of Johannesburg and Others (JA 140/2021) [2022] ZALAC 116; (2023) 44 ILJ 156 (LAC); [2023] 2 BLLR 119 (LAC) (18 October 2022)

Court

Labour Appeal Court

Case number

JA 140/2021

Judges

Waglay, Coppin, Tokota

The court held that the appellant was not unfairly excluded from the shortlist for promotion, as his CV did not meet the experiential requirements set out in the advertisement. The employer's discretion in promotion decisions is protected unless exercised capriciously, with malice, or fraud, none of which was demonstrated. The alleged conflict of interest by Dr Manon was unfounded, as mere knowledge of a candidate does not constitute a disqualifying conflict, and all panel members declared their familiarity with the candidates. The relief of compensation was not sought in earlier proceedings…

Source excerpt

• Unfair Labour Practice
• Promotion
• Conflict Of Interest
• Shortlisting
• Compensation
• Employer Discretion