South Africa Case Law

South African Commercial and Catering Allied Workers Union and Another v Massbuild (PTY) Ltd t/a Builders Warehouse and Others (C33/2018)

South African Commercial and Catering Allied Workers Union and Another v Massbuild (PTY) Ltd t/a Builders Warehouse and Others (C33/2018) [2022] ZALCCT 56 (24 October 2022)

Court

Labour Court Cape Town

Case number

C33/2018

Judge

G Cassells

The Labour Court granted condonation for a late answering affidavit and dismissed a review of an arbitration award, finding the commissioner’s reasoning reasonable.

• Review Of Arbitration Award
• Condonation For Late Filing
• Gross Irregularity
• Reasonable Decision Maker Test
• Sexual Harassment
• Dismissal For Misconduct

Ekurhuleni Metropolitan Municipality v Mabusela NO and Others (JR1697/18)

Ekurhuleni Metropolitan Municipality v Mabusela NO and Others (JR1697/18) [2021] ZALCJHB 105 (1 June 2021)

Court

Labour Court Johannesburg

Case number

JR1697/18

Judge

Snider

The Labour Court granted leave to appeal only on one part of a review judgment, finding reasonable prospects of success on policy interpretation and appointment issues.

• Review Of Arbitration Award
• Recruitment Policy Interpretation
• Reasonable Decision Maker Test
• Costs Award
• Labour-law
• Leave-to-appeal

Civilcon (Pty) Ltd v Naidoo NO and Others (JR991/15)

Civilcon (Pty) Ltd v Naidoo NO and Others (JR991/15) [2017] ZALCJHB 62 (6 February 2017)

Court

Labour Court Johannesburg

Case number

JR991/15

Judge

E. Molahlehi

The Labour Court reviewed and set aside a CCMA award, holding that dismissal for repeated refusal to wear a hard-hat was substantively fair.

• Unfair Dismissal
• Arbitration Review
• Reasonable Decision Maker Test
• Substantive Fairness
• Procedural Fairness
• Labour-law

Cashbuild South Africa (Pty) Ltd (Thulamashe) v Ndimbana and Others (JR56/2015)

Cashbuild South Africa (Pty) Ltd (Thulamashe) v Ndimbana and Others (JR56/2015) [2016] ZALCJHB 372 (29 September 2016)

Court

Labour Court Johannesburg

Case number

JR56/2015

Judge

Molahlehi

The Labour Court dismissed a review of a CCMA award, holding the commissioner’s finding of unfair dismissal was reasonable and grounded in the evidence.

• Unfair Dismissal
• Arbitration Review
• Reasonable Decision Maker Test
• Audi Alteram Partem
• Progressive Discipline
• Unfair-dismissal

Mmela Financial Services (Pty) Ltd v Mbelengwa NO and Others (JR2214/13)

Mmela Financial Services (Pty) Ltd v Mbelengwa NO and Others (JR2214/13) [2016] ZALCJHB 229 (17 May 2016)

Court

Labour Court Johannesburg

Case number

JR2214/13

Judge

Snider

The Labour Court dismissed an unopposed application for leave to appeal, holding there was no reasonable prospect of a different outcome on review.

• Review Of Arbitration Award
• Unfair Dismissal
• Reasonable Decision Maker Test
• Incapacity Dismissal
• Labour-law
• Review-of-arbitration-award

BHP Billiton Energy Coal South Africa Pty Ltd v Commission for Conciliation, Mediation and Arbitration and Others (JR2558/13)

BHP Billiton Energy Coal South Africa Pty Ltd v Commission for Conciliation, Mediation and Arbitration and Others (JR2558/13) [2016] ZALCJHB 91 (10 March 2016)

Court

Labour Court Johannesburg

Case number

JR2558/13

Judge

Molahlehi

The Labour Court found that the Commissioner committed gross irregularity and exhibited bias during the arbitration proceedings, prejudging issues and interfering with cross-examination. The Commissioner’s findings were irrational and disconnected from the evidence, particularly regarding the donation of firefighting foam, the purchase of decorative axes, and the application of disciplinary consistency. The evidence established that the employee acted without authority, failed to comply with company procedures, and engaged in improper conduct. The Commissioner failed to properly apply the rea…

Source excerpt

• Unfair Dismissal
• Review Of Arbitration Award
• Disciplinary Inconsistency
• Gross Irregularity
• Reasonable Decision Maker Test

SATAWU obo Kgwele v Commission for Conciliation, Mediation and Arbitration and Others (JR535/13)

SATAWU obo Kgwele v Commission for Conciliation, Mediation and Arbitration and Others (JR535/13) [2016] ZALCJHB 29 (3 February 2016)

Court

Labour Court Johannesburg

Case number

JR535/13

Judge

Molahlehi

The Labour Court found that the Commissioner exceeded the bounds of fair conduct by intervening in the proceedings in a manner that advantaged the third respondent, creating a reasonable perception of bias. The Commissioner failed to properly consider whether the rule prohibiting driving on gravel roads existed and was consistently applied, and did not adequately weigh mitigating factors such as the applicant's clean record and the circumstances of the incident. The evidence did not support the conclusion that the loss suffered justified dismissal, nor that the rule was consistently enforced.…

Source excerpt

• Unfair Dismissal
• Inconsistent Discipline
• Arbitration Review
• Reasonable Decision Maker Test
• Procedural Fairness
• Reinstatement

Hulamin Limited v Metal And Engineering Industries Bargaining Council and Others (D401/2011)

Hulamin Limited v Metal And Engineering Industries Bargaining Council and Others (D401/2011) [2015] ZALCD 22 (18 February 2015)

Court

Labour Court Durban

Case number

D401/2011

Judge

Gush

The Labour Court dismissed a review of a CCMA-style arbitration award, holding the challenge was really an appeal against credibility findings and evidence assessment.

• Review Of Arbitration Award
• Sexual Harassment
• Breach Of It Policy
• Credibility Assessment
• Reasonable Decision Maker Test
• Labour-law

Mmagory and Others v Davis and Others (JR1078/09)

Mmagory and Others v Davis and Others (JR1078/09) [2014] ZALCJHB 112 (12 March 2014)

Court

Labour Court Johannesburg

Case number

JR1078/09

Judge

E Molahlehi

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

• Unfair Dismissal
• Arbitration Review
• Reasonable Decision Maker Test
• Leave-to-appeal
• Unfair-dismissal
• Arbitration-review

Conti Print CC v Commission for Conciliation Mediation and Arbitration and Others (JR 3304/09)

Conti Print CC v Commission for Conciliation Mediation and Arbitration and Others (JR 3304/09) [2013] ZALCJHB 270; (2013) 34 ILJ 3169 (LC); [2013] 9 BLLR 906 (LC) (24 May 2013)

Court

Labour Court Johannesburg

Case number

JR 3304/09

Judge

Naidoo

The court held that the CCMA's jurisdiction to arbitrate constructive dismissal disputes is derived from the Labour Relations Act and is not contingent on the establishment of a dismissal. The arbitrator's findings regarding constructive dismissal are not jurisdictional but concern whether the employee has proved their claim. Accordingly, the reasonable decision maker test applies to the review of such awards. The commissioner reasonably accepted the employee's version that she had notified the employer of her health concerns and that the employer failed to address intolerable working conditi…

Source excerpt

• Constructive Dismissal
• Review Of Arbitration Award
• Reasonable Decision Maker Test
• Jurisdiction Of Ccma
• Onus In Constructive Dismissal
• Condonation