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South Africa Case Law

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Labour Law [2025] ZALCCT 59

South African Police Services v Moyo and Another (C414/2021)

South African Police Services v Moyo and Another (C414/2021) [2025] ZALCCT 59 (2 July 2025)

The Labour Court dismissed SAPS’s unopposed review and condonation application, finding no unreasonable delay and no basis to interfere with the disciplinary sanction.

  • Section 158 1 H Review
  • Disciplinary Sanction
  • Condonation
  • Unreasonable Delay
  • Proportionality Of Sanction
  • Section-158-1-h-review
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Labour Law [2021] ZALCD 11

Ngobo v Department of Correctional Services and Others (D 1184/17)

Ngobo v Department of Correctional Services and Others (D 1184/17) [2021] ZALCD 11 (19 July 2021)

The Labour Court dismissed a review of a dismissal for failing to disclose a prior dagga conviction on a learnership application.

  • Review Of Arbitration Award
  • Dishonesty In Employment
  • Failure To Disclose Criminal Record
  • Proportionality Of Sanction
  • Labour-law
  • Review-of-arbitration-award
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Administrative Law [2020] ZAECGHC 34

Dyanti v Rhodes University and Others (1604A/18)

Dyanti v Rhodes University and Others (1604A/18) [2020] ZAECGHC 34 (26 March 2020)

High Court review of Rhodes University disciplinary findings rejected. The court upheld the conviction, permanent exclusion, and costs order.

  • Promotion Of Administrative Justice Act
  • Procedural Fairness
  • Bias And Impartiality
  • Internal Review Rights
  • Disciplinary Proceedings
  • Proportionality Of Sanction
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Labour Law [2020] ZALCJHB 14

South African Commercial Catering and Allied Workers Union v Transem (Pty) Ltd (JS1004/16)

South African Commercial Catering and Allied Workers Union v Transem (Pty) Ltd (JS1004/16) [2020] ZALCJHB 14 (30 January 2020)

The court found that the dismissals were substantively unfair. The strike was unprotected due to the failure to issue a strike notice, but the employees attempted to comply with the Labour Relations Act and called off the strike after union intervention. The employer's conduct in issuing lockout notices and failing to issue new ultimatums created confusion and provoked further conduct by employees. The actions of the employees after the strike was called off did not amount to a furtherance of the strike but were either misconduct or a result of confusion caused by the employer. The sanction o…

  • Unprotected Strike
  • Unfair Dismissal
  • Reinstatement
  • Proportionality Of Sanction
  • Lockout
  • Collective Bargaining Rights
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Labour Law [2018] ZALCJHB 201

NEHAWU obo Skhosana and Others v Department of Health: Gauteng (JS903/15)

NEHAWU obo Skhosana and Others v Department of Health: Gauteng (JS903/15) [2018] ZALCJHB 201 (24 May 2018)

The Labour Court upheld dismissals of key shop stewards for an unprotected strike, but found dismissals of other employees substantively unfair and ordered reinstatement.

  • Unprotected Strike
  • Essential Services
  • Shop Steward Discipline
  • Inconsistency In Dismissal
  • Proportionality Of Sanction
  • Reinstatement
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Labour Law [2015] ZALAC 23

Shoprite Checkers (Pty) Ltd v Tokiso Dispute Settlement and Others (JA49/14)

Shoprite Checkers (Pty) Ltd v Tokiso Dispute Settlement and Others (JA49/14) [2015] ZALAC 23; [2015] 9 BLLR 887 (LAC) ; (2015) 36 ILJ 2273 (LAC) (24 June 2015)

The Labour Appeal Court held that dismissing an employee for a first failure to declare personal goods was too harsh and unfair. A final written warning was appropriate.

  • Dismissal For Misconduct
  • Zero Tolerance Policy
  • Proportionality Of Sanction
  • Substantive Fairness
  • Mitigation Of Sanction
  • Dismissal-for-misconduct
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.