South Africa Case Law

Ngcobo v Commission for Conciliation, Mediation & Arbitration and Others (JR 1693/2019)

Ngcobo v Commission for Conciliation, Mediation & Arbitration and Others (JR 1693/2019) [2022] ZALCJHB 48 (14 March 2022)

Court

Labour Court Johannesburg

Case number

JR 1693/2019

Judge

Van Niekerk

The court found that the applicant failed to establish reasonable prospects of success on appeal. The evidence demonstrated that the alleged comparator, Mr Sooklall, was not subject to disciplinary proceedings due to his resignation, and other employees were differently circumstanced. The commissioner exercised proper discretion in determining the sanction, considering all relevant factors, including the applicant's admission of guilt and the significant financial loss suffered by the employer. The decision was not so unreasonable as to warrant intervention. Therefore, leave to appeal was ref…

Source excerpt

• Review Of Arbitration Award
• Inconsistent Discipline
• Sanction Of Dismissal
• Reasonable Decision Maker

Hotelicca obo Molete and Others v van der Merwe NO and Others (JR 1853/17)

Hotelicca obo Molete and Others v van der Merwe NO and Others (JR 1853/17) [2020] ZALCJHB 157 (18 August 2020)

Court

Labour Court Johannesburg

Case number

JR 1853/17

Judge

van Niekerk

The Labour Court refused condonation and dismissed a late review of an arbitration award upholding dismissals for leaving work and insubordination.

• Unfair Dismissal
• Condonation
• Review Of Arbitration Award
• Reasonable Decision Maker
• Review-of-arbitration-award
• Unfair-dismissal

Vena v CCMA and Others (JR2783/17)

Vena v CCMA and Others (JR2783/17) [2019] ZALCJHB 195 (2 August 2019)

Court

Labour Court Johannesburg

Case number

JR2783/17

Judge

GN Moshoana

The Labour Court dismissed a review of a CCMA award upholding dismissal for misconduct, finding the commissioner’s decision was reasonable and not reviewable.

• Unfair Dismissal
• Review Of Arbitration Award
• Reasonable Decision Maker
• Gross Irregularity
• Unfair-dismissal
• Review-of-arbitration-award

Madzunye v Maila NO and Others (JR762/15)

Madzunye v Maila NO and Others (JR762/15) [2017] ZALCJHB 334 (14 September 2017)

Court

Labour Court Johannesburg

Case number

JR 762/15

Judge

Prinsloo

Labour Court review of a dismissal award failed because the arbitrator’s finding that the applicant fought with a co-worker was reasonable.

• Unfair Dismissal
• Substantive Fairness
• Review Of Arbitration Award
• Gross Irregularity
• Reasonable Decision Maker
• Labour-law

NUM obo Sebabi v Commission for Conciliation, Mediation and Arbitration and Others (JR1607/15)

NUM obo Sebabi v Commission for Conciliation, Mediation and Arbitration and Others (JR1607/15) [2017] ZALCJHB 466 (17 May 2017)

Court

Labour Court Johannesburg

Case number

JR1607/15

Judge

H Cele

The court found that the commissioner committed a gross irregularity by failing to consider material evidence regarding the applicant's attendance on weekends when no training courses were offered and the company policy on such attendance. The commissioner did not address the significance of the applicant presenting himself at work on weekends, nor did he interrogate what should happen to an employee in such circumstances. The absence of this inquiry rendered the award unreasonable. The court held that the explanation for the late filing of the review application was plausible and unchallenge…

Source excerpt

• Unfair Dismissal
• Review Of Arbitration Award
• Condonation
• Gross Irregularity
• Reasonable Decision Maker

Step Ahead v Mokwena NO and Others (JR1203/13)

Step Ahead v Mokwena NO and Others (JR1203/13) [2015] ZALCJHB 439 (28 December 2015)

Court

Labour Court Johannesburg

Case number

JR1203/13

Judge

E Molahlehi

The Labour Court reviewed and set aside a CCMA award after finding the Commissioner failed to consider material polygraph evidence in a dismissal dispute.

• Unfair Dismissal
• Polygraph Evidence
• Arbitration Review
• Reasonable Decision Maker
• Labour-law
• Unfair-dismissal

EBS Security Admin (Pty) Ltd v Commission for Conciliation Mediation and Arbitration and Others (JR1314/13)

EBS Security Admin (Pty) Ltd v Commission for Conciliation Mediation and Arbitration and Others (JR1314/13) [2015] ZALCJHB 347 (6 October 2015)

Court

Labour Court Johannesburg

Case number

JR1314/13

Judge

Van der Merwe

The Labour Court dismissed an unopposed leave-to-appeal application, holding that the incomplete record prevented review of the CCMA award and no prospects of success were shown.

• Review Of Ccma Award
• Record Of Proceedings
• Gross Irregularity
• Reasonable Decision Maker
• Labour-law
• Ccma-review

Tsiu v CCMA and Others (JR 895/10)

Tsiu v CCMA and Others (JR 895/10) [2015] ZALCJHB 226 (31 July 2015)

Court

Labour Court Johannesburg

Case number

JR 895/10

Judge

Whitcher

Review of a CCMA arbitration award dismissed: the Labour Court found no material unfairness, bias, or reviewable error, and upheld the dismissal as reasonable.

• Review Of Arbitration Award
• Unfair Dismissal
• Procedural Fairness
• Substantive Fairness
• Reasonable Decision Maker
• Consistency In Dismissal

Jordex Agencies v Gugubele NO and Others (JR2971/12; J1609/12)

Jordex Agencies v Gugubele NO and Others (JR2971/12; J1609/12) [2015] ZALCJHB 87; [2015] 6 BLLR 600 (LC) (11 March 2015)

Court

Labour Court Johannesburg

Case number

JR2971/12; J1609/12

Judge

Lallie

The court found that the Commissioner’s decision was not unreasonable. The Commissioner considered the totality of the evidence, including the applicant’s failure to accommodate the third respondent’s transport needs after changing working hours, despite having done so for four years. The errors identified by the applicant, such as misidentification of witnesses and incorrect reference to schedule items, were immaterial and did not affect the substantive fairness finding. The employer’s right to regulate work practices is not absolute and must consider employees’ personal circumstances. The C…

Source excerpt

• Unfair Dismissal
• Arbitration Review
• Procedural Fairness
• Substantive Fairness
• Reinstatement
• Reasonable Decision Maker

Maestro Housing (Pty) Ltd v Gunn and Others (JR 3095/11)

Maestro Housing (Pty) Ltd v Gunn and Others (JR 3095/11) [2015] ZALCJHB 34 (13 February 2015)

Court

Labour Court Johannesburg

Case number

JR 3095/11

Judge

Cele

The Labour Court dismissed an application for leave to appeal, finding no reasonable prospects that another court would reach a different conclusion.

• Review Of Arbitration Award
• Leave To Appeal
• Reasonable Decision Maker
• Costs Order
• Labour-law
• Leave-to-appeal