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South Africa decisions
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Solidarity obo Burger v South African Police Service and Others (C242/2023) [2025] ZALCCT 51 (9 July 2025)
Review of a promotion arbitration award dismissed. The Labour Court held the arbitrator’s decision was reasonable and supported by evidence, and the equity-based appointment was rational.
Victor v Department of Basic Education (J448/2024) [2025] ZALCJHB 182 (15 May 2025)
The Labour Court dismissed an unopposed salary-adjustment claim where the applicant relied on correspondence, not a contractual term, to found jurisdiction.
Department of Higher Education and Training v Commissioner Bheki Smiza General Public Service Sectoral and Others (JA53/2022) [2024] ZALAC 5; [2024] 5 BLLR 447 (LAC); (2024) 45 ILJ 1981 (LAC) (22 February 2024)
The Labour Appeal Court held that no unfair labour practice was shown in a promotion shortlist dispute, finding the employee lacked the required experience criterion.
Msani v Mpact Operations (Pty) Ltd (JS 903/21) [2023] ZALCJHB 11 (6 February 2023)
The court found that the applicant alleged a series of discriminatory acts over a period of time, rather than isolated incidents. The ongoing consequences of the respondent's failure to promote the applicant, including the deprivation of benefits and advancement, rendered the alleged discrimination continuous and repetitive. Accordingly, the court held that an application for condonation was not necessary, as the conduct complained of extended beyond single acts and had ongoing effects. The court determined that it had jurisdiction to adjudicate the matter in terms of section 10(6)(a) of the…
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Engelbrecht v Department of Correctional Services and Others (CA 11/20) [2022] ZALAC 105; [2023] 1 BLLR 12 (LAC) (15 September 2022)
The Labour Appeal Court dismissed an appeal alleging racial discrimination and nepotism in promotion decisions at Correctional Services, finding the evidence was only suspicious.
South African Police Services v Solidarity obo Slingers and Another (JA57/2020) [2021] ZALAC 35; (2021) 42 ILJ 1934 (LAC) (14 June 2021)
The Labour Appeal Court held that compensation for non-promotion exhausted the dispute and barred further relief over the same advertised posts.
Statistics South Africa v Public Servants Association and Others (JR283/17) [2020] ZALCJHB 137 (17 August 2020)
The court found that Hobyane became aware of the reasons for his unsuccessful applications on 15 July 2015, when he received the investigation report from the applicant. His subsequent communications demonstrated that he was aggrieved by the report and disputed its contents from that date. The referral to the Bargaining Council on 15 January 2016 was therefore outside the 90-day period prescribed by section 191(1)(b)(ii) of the LRA. No condonation application was made for the late referral. In the absence of condonation, the Bargaining Council lacked jurisdiction to arbitrate the dispute. The…
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Appels v Education Labour Relations Council (ELRC) and Others (JA19/18) [2019] ZALAC 49; [2019] 10 BLLR 985 (LAC); (2019) 40 ILJ 2284 (LAC) (10 July 2019)
The Labour Appeal Court held that the ELRC constitution, as a collective agreement concluded under section 51(9) of the LRA, lawfully prescribes a 30-day referral period for promotion disputes. The time period for referral is a procedural matter, not a substantive right, and the LRA empowers bargaining councils to regulate such procedures to suit sectoral exigencies. The reduction of the referral period does not deprive parties of the right to be heard, as condonation for late referral remains available. The distinction between substantive and procedural rights is material; only substantive r…
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Minister of Correctional Services v POPCRU obo Mathidebi and Others (JR993/09) [2018] ZALCJHB 67 (20 February 2018)
The court found that the applicant failed to provide a cogent explanation for the delay in filing the review application but, in the absence of opposition on this point and in the interests of justice, condonation was granted. On the merits, the court held that the applicant was bound to follow the published selection criteria and guidelines for promotion. The Regional Commissioner's deviation from the prescribed process was not justified, and the absence of a full documentary record made it impossible to verify compliance. The grounds for review advanced by the applicant were found to be wit…
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Mogale City Local Municipality v IMATU obo Visagie and Others (JR86/15) [2017] ZALCJHB 432 (20 November 2017)
The Labour Court reviewed and set aside an arbitration award on an unfair labour practice claim, finding the commissioner misapplied the burden of proof and ignored material evidence.
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