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South Africa decisions
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Department of Military Veterans v Public Service Association and Others (JR630/2023) [2025] ZALCJHB 333 (30 July 2025)
The Labour Court granted condonation for a late review application, finding the delay inordinate but the prospects of success and interests of justice sufficient.
Department of Education Northern Cape Province v Crow and Others (C302/2023) [2025] ZALCCT 58 (23 July 2025)
The Labour Court held that the ELRC had jurisdiction to arbitrate the promotion dispute, as confirmed by recent Labour Appeal Court authority and the binding collective agreement governing promotion arbitrations in the education sector. The arbitrator's award was not unreasonable; the respondent established a prima facie case of unfairness by showing he was recommended by the SGB and scored highest, yet was overlooked without written reasons or direct evidence from the HOD. The employer failed to rebut the inference of unfairness, and the absence of written reasons and the HOD's failure to te…
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MEC for Social Development v Zimisele (PA 14/24) [2025] ZALAC 39 (26 June 2025)
The first respondent was a director of three companies and failed to disclose his financial interests as required by the Senior Management Service Handbook and Public Service Regulations. The Labour Court erred in finding that no disclosure was required and that the relevant legislation was irrelevant. The duty to disclose is both a statutory and fiduciary obligation for senior management employees. The Department was entitled to disqualify the first respondent for non-disclosure, as this omission was material to his suitability for appointment. The Labour Court's review and setting aside of…
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George Municipality v IMATU obo Bennet and Others (C385/2022) [2025] ZALCCT 27 (24 April 2025)
The Labour Court dismissed a review of an arbitration award finding that George Municipality unfairly appointed a candidate who lacked the required qualification.
Tinstwalo and Others v City of Johannesburg Metropolitan Municipality (17268/2024) [2025] ZALCJHB 117 (10 March 2025)
The court found that urgency arose only when the respondent re-advertised the posts on 29 January 2025, not when the applicants initially threatened urgent proceedings. The delay was condoned as the applicants reasonably believed the respondent would not proceed with recruitment. The respondent's undertaking, made by a senior executive, was valid and binding, given in good faith to prevent prejudice while the dispute was pending. The applicants demonstrated a prima facie right to have their dispute resolved by the Bargaining Council without the recruitment process rendering the outcome moot.…
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Gana-Mbekeni v Public Health and Social Development Sectoral Bargaining Council and Others (C07/2024) [2024] ZALCCT 68 (20 December 2024)
The Labour Court dismissed a review of an unfair labour practice award arising from a non-promotion dispute, finding the HoD’s refusal to appoint was fair and rational.
City of Cape Town v Asia Coetzee and Others (C24/2022) [2024] ZALCCT 61 (6 December 2024)
Labour Court dismissed a review of a promotion-related unfair labour practice award, upholding compensation to an employee excluded from the shortlist.
UNTU obo Motheng v Mafa N.O and Others (JR285/21) [2024] ZALCJHB 411 (25 October 2024)
The Court found that although the Commissioner did not expressly rule on the admissibility of the psychometric assessment report as hearsay evidence, this omission did not materially affect the outcome of the arbitration. The central dispute was whether the employer’s policies permitted the use of psychometric testing as a selection criterion for the position in question. The Commissioner focused on whether the employer had committed an unfair labour practice by requiring all candidates to undergo psychometric testing, and the content or result of the psychometric assessment was not in disput…
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South African Police Service v Solidarity obo Gibbons and Others (C626/2021) [2024] ZALCCT 72; (2025) 46 ILJ 985 (LC) (3 September 2024)
The Labour Court reviewed and set aside an award finding SAPS committed an unfair labour practice in a promotion dispute involving “uninterrupted service.”
Education Labour Relations Council v Department Education: Gauteng and Others (JA72/2022) [2024] ZALAC 27; [2024] 9 BLLR 912 (LAC); (2024) 45 ILJ 2511 (LAC) (12 June 2024)
The Labour Appeal Court held that the ELRC had jurisdiction to arbitrate a promotion dispute involving an educator and the Gauteng education department.
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