South Africa Case Law

South African Police Services v Safety and Security Sectoral Bargaining Council and Others (C33/2021)

South African Police Services v Safety and Security Sectoral Bargaining Council and Others (C33/2021) [2025] ZALCCT 53 (11 July 2025)

Court

Labour Court Cape Town

Case number

C33/2021

Judge

C May

The applicant failed to comply with the relevant rules and practice manual, resulting in the application being deemed withdrawn. No reasonable or acceptable explanation was provided for the significant delays in filing the record and the reinstatement application. The court found the delay to be flagrant and unjustified, and the absence of explanation was fatal to the application. Even considering the interests of justice and the importance of the matter, the court determined that there were no prospects of success on review. The arbitrator's award of protected promotion was found to be lawfu…

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• Condonation
• Unfair Labour Practice
• Protected Promotion
• Delay In Filing
• Prospects Of Success

Nene v National Commissioner of Police Services and Others (D431/20)

Nene v National Commissioner of Police Services and Others (D431/20) [2024] ZALCD 34 (19 September 2024)

Court

Labour Court Durban

Case number

D431/2020

Judge

E.T Mhlongo

The Court found that the arbitrator committed reviewable irregularities by misconstruing the remedies available for unfair labour practice disputes in promotion matters. The arbitrator failed to exercise his powers to grant protective promotion and retrospective benefits, confining himself incorrectly to compensation limited to 12 months. The evidence showed that the Applicant met all requirements, was more qualified than the appointee, and was prejudiced by procedural and substantive unfairness in the selection process. The Respondents failed to rebut the Applicant’s case or present witnesse…

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• Unfair Labour Practice
• Protected Promotion
• Remedies For Non Promotion
• Arbitration Review
• Procedural Fairness

Landman v Minister of Agriculture, Forestry and Fisheries and Another (J 232/2013)

Landman v Minister of Agriculture, Forestry and Fisheries and Another (J 232/2013) [2024] ZALCJHB 147; [2024] 7 BLLR 746 (LC) (15 March 2024)

Court

Labour Court Johannesburg

Case number

J 232/2013

Judge

D Mahosi

The Labour Court held that the Department unfairly discriminated by not shortlisting the applicant, but awarded compensation rather than promotion.

• Employment Equity Act
• Unfair Discrimination
• Affirmative Action
• Public Service Appointments
• Protected Promotion
• Employment-equity

Shukla v Ethekwini Municipality Revenue Management and Others (D1833/2018)

Shukla v Ethekwini Municipality Revenue Management and Others (D1833/2018) [2022] ZALCD 51 (21 November 2022)

Court

Labour Court Durban

Case number

D1833/2018

Judge

N Govender

The Labour Court found that the Commissioner committed a gross irregularity by failing to require the employer to provide cogent evidence explaining the City Manager's decision to change the selection panel's recommendation and appoint Mkhize instead of Shukla. The City Manager did not testify, and no documentary reasons were presented to justify the deviation from the panel's recommendation or the rejection of the motivations supporting Shukla. The evidence of HR officials was insufficient and lacked probative value, as they were not the decision makers. The instruction to the panel to alter…

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• Unfair Labour Practice
• Protected Promotion
• Employment Equity
• Municipal Systems Act
• Arbitration Review
• Selection And Appointment

Ethekwini Municipality v SALGBC and Others (D 11/2021)

Ethekwini Municipality v SALGBC and Others (D 11/2021) [2022] ZALCD 44; (2022) 43 ILJ 2781 (LC) (14 September 2022)

Court

Labour Court Durban

Case number

D 11/2021

Judge

Whitcher

The Commissioner misapplied the law and ignored material evidence in finding that Middleton was not a member of the Metro Police Service, despite his valid appointment certificate and completion of prescribed training. Both Nhlanhla Mthetwa and Aubrey Mthetwa failed to discharge the evidentiary burden to show they were more suitable than Middleton, who met all essential requirements and scored highest in interviews and assessments. The award of protected promotion to two candidates for a single post was irrational, unsupported by any enabling authority, and contrary to established legal princ…

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• Unfair Labour Practice
• Promotion Dispute
• Protected Promotion
• Evidentiary Burden
• Compensation
• Arbitration Review

South African Police Services v Solidarity obo Slingers and Another (JA57/2020)

South African Police Services v Solidarity obo Slingers and Another (JA57/2020) [2021] ZALAC 35; (2021) 42 ILJ 1934 (LAC) (14 June 2021)

Court

Labour Appeal Court

Case number

JA57/2020

Judges

Waglay, Davis, Molefe

The Labour Appeal Court held that compensation for non-promotion exhausted the dispute and barred further relief over the same advertised posts.

• Unfair Labour Practice
• Promotion Disputes
• Protected Promotion
• Res judicata
• Compensation For Non-promotion
• Unfair-labour-practice

Ekurhuleni Metropolitan Municipality and Another v SALGBC and Others (JR369/15)

Ekurhuleni Metropolitan Municipality and Another v SALGBC and Others (JR369/15) [2019] ZALCJHB 91 (10 May 2019)

Court

Labour Court Johannesburg

Case number

JR369/15

Judge

B Whitcher

The court found that the dispute referred by Mr Pieterse was a classic unfair labour practice dispute, not an unfair discrimination dispute. The municipality failed to apply its mind to the minimum requirements and core functions of the post, focusing solely on demographics. The arbitrator's finding that the municipality committed an unfair labour practice was reasonable and not liable to be set aside. However, the award of protected promotion was not supported by evidence that Mr Pieterse would have been promoted but for the unfair conduct, and such remedy is not permissible without proof of…

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• Unfair Labour Practice
• Protected Promotion
• Jurisdiction Of Bargaining Council
• Affirmative Action
• Remedies For Unfair Labour Practice

Letsogo v Department of Economy and Enterprise Development and Others (JR350/16)

Letsogo v Department of Economy and Enterprise Development and Others (JR350/16) [2018] ZALCJHB 48; (2018) 39 ILJ 851 (LC) (9 January 2018)

Court

Labour Court Johannesburg

Case number

JR350/16

Judge

Goldberg

The Labour Court reviewed an award after the selection panel unlawfully changed advertised criteria, excluding the only qualified candidate and appointing an unqualified respondent.

• Unfair Labour Practice
• Promotion Of Administrative Justice Act
• Public Service Appointments
• Protected Promotion
• Condonation
• Review Of Arbitration Award

Ncane v Lyster NO and Others (DA27/15)

Ncane v Lyster NO and Others (DA27/15) [2017] ZALAC 1; (2017) 38 ILJ 907 (LAC); [2017] 4 BLLR 350 (LAC) (10 January 2017)

Court

Labour Appeal Court

Case number

DA27/15

Judges

Tlaletsi, Ndlovu, Landman

The Labour Appeal Court dismissed an SAPS promotion appeal, holding that the appellant was not entitled to protected promotion and that compensation was appropriate.

• Unfair Labour Practice
• Promotion Dispute
• Protected Promotion
• Compensation For Unfair Labour Practice
• Review Of Arbitration Award
• Unfair-labour-practice

Abdurahman v Public Health And Social Development Bargaining Council and Others (C25/14)

Abdurahman v Public Health And Social Development Bargaining Council and Others (C25/14) [2015] ZALCCT 34 (30 April 2015)

Court

Labour Court Cape Town

Case number

C25/14

Judge

Rabkin-Naicker

The Labour Court held that the failure to promote the applicant was an unfair labour practice, reviewed the award, and ordered protected promotion and compensation.

• Unfair Labour Practice
• Promotion
• Protected Promotion
• Remedial Powers
• Compensation
• Unfair-labour-practice