South Africa Case Law

Office of Chief Justice Republic of South Africa v General Public Service Sector Bargaining Council and Others

Office of Chief Justice Republic of South Africa v General Public Service Sector Bargaining Council and Others [2025] ZALCPE 15 (6 August 2025)

Court

Labour Court Port Elizabeth

Case number

PR228/23

Judge

de Kock

Labour Court review of an unfair labour practice award held that the employee had to disclose a pending criminal charge; the award was set aside.

• Unfair Labour Practice
• Duty Of Disclosure
• Review Of Arbitration Award
• Reasonableness Standard
• Appointment Procedure
• Unfair-labour-practice

Solidarity obo Burger v South African Police Service and Others (C242/2023)

Solidarity obo Burger v South African Police Service and Others (C242/2023) [2025] ZALCCT 51 (9 July 2025)

Court

Labour Court Cape Town

Case number

C242/2023

Judge

C de Kock

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.

• Unfair Labour Practice
• Employment Equity
• Promotion Disputes
• Arbitration Review
• Reasonableness Standard
• Labour-law

Lombard v Commission for Conciliation, Mediation and Arbitration (C610/2022)

Lombard v Commission for Conciliation, Mediation and Arbitration (C610/2022) [2025] ZALCCT 45 (7 July 2025)

Court

Labour Court Cape Town

Case number

C610/2022

Judge

C de Kock

Review dismissed: the Labour Court upheld a CCMA award finding Lombard’s dismissal for sexual harassment substantively fair.

• Unfair Dismissal
• Sexual Harassment
• Arbitration Review
• Reasonableness Standard
• Disciplinary Procedure
• Labour-law

United National Transport Union obo Nkambule v Mokwene NO and Others (JR 284/2021)

United National Transport Union obo Nkambule v Mokwene NO and Others (JR 284/2021) [2023] ZALCJHB 272 (13 October 2023)

Court

Labour Court Johannesburg

Case number

JR 284/2021

Judge

Van Niekerk

Labour Court review of a dismissal award failed. The court held the arbitrator reasonably found the employee responsible for a sick train assistant and no inconsistent discipline.

• Unfair Dismissal
• Review Of Arbitration Award
• Gross Dereliction Of Duty
• Disciplinary Inconsistency
• Reasonableness Standard
• Labour-law

Association of Mineworkers and Construction Workers Union obo Motswadi v Commission for Conciliation, Mediation and Arbitration and Others (JR 1695/2021)

Association of Mineworkers and Construction Workers Union obo Motswadi v Commission for Conciliation, Mediation and Arbitration and Others (JR 1695/2021) [2023] ZALCJHB 237; (2023) 44 ILJ 2699 (LC) (11 August 2023)

Court

Labour Court Johannesburg

Case number

JR 1695/2021

Judge

Van Niekerk

Labour Court upheld a review dismissal challenge arising from a contraband-rule breach, finding the arbitrator’s sanction of dismissal was reasonable.

• Dismissal For Misconduct
• Contraband Policy
• Penalty Review
• Reasonableness Standard
• Labour-law
• Dismissal-for-misconduct

Madrasah Taleemuddeen Islamic Institute v Chandra Giri Ellaurie and Another (755/2021)

Madrasah Taleemuddeen Islamic Institute v Chandra Giri Ellaurie and Another (755/2021) [2022] ZASCA 160; 2023 (2) SA 143 (SCA) (24 November 2022)

Court

Supreme Court of Appeal

Case number

755/2021

Judges

Dambuza, Gorven, Hughes, Musi, Daffue

The Supreme Court of Appeal held that the respondent failed to meet the legal requirements for a final interdict. The evidence presented was based on personal aversion to Islam and did not objectively demonstrate unreasonable interference with the enjoyment of property. The court reaffirmed that the standard for nuisance is objective and must be assessed from the perspective of a reasonable person in the neighbourhood, not someone with extraordinary sensitivity or personal prejudice. The Constitution protects both religious belief and its manifestation, and these rights must be balanced in nu…

Source excerpt

• Nuisance
• Freedom Of Religion
• Interdict
• Reasonableness Standard
• Constitutional Rights Balance

Reinhardt Transport v National Bargaining Council for the Road,Freight and Logistics Industry and Others (JA72/2021)

Reinhardt Transport v National Bargaining Council for the Road,Freight and Logistics Industry and Others (JA72/2021) [2022] ZALAC 115; (2023) 44 ILJ 172 (LAC) (18 October 2022)

Court

Labour Appeal Court

Case number

JA72/2021

Judges

Waglay JP, Coppin JA, Tokota AJA

The Labour Appeal Court found that the commissioner failed to consider the purpose and importance of the drivecam policy, the employer’s consistent application of the rule, and the lack of remorse shown by the employee. The commissioner’s decision to order reinstatement without back pay was not rationally connected to the facts and circumstances presented. The Labour Court erred by not evaluating whether the commissioner’s award was reasonable and supported by the evidence. The drivecam policy was clear, the employee was aware of its terms, and the breach was serious enough to warrant dismiss…

Source excerpt

• Unfair Dismissal
• Disciplinary Policy
• Review Of Arbitration Award
• Reasonableness Standard
• Code Of Good Practice Dismissal

Association of Mine Workers and Construction Union (AMCU) obo Matsimbe v Commission for Conciliation Mediation and Arbitration and Others (JR1708/20)

Association of Mine Workers and Construction Union (AMCU) obo Matsimbe v Commission for Conciliation Mediation and Arbitration and Others (JR1708/20) [2022] ZALCJHB 281 (11 October 2022)

Court

Labour Court Johannesburg

Case number

JR1708/20

Judge

Nkutha-Nkontwana

The Labour Court dismissed an unopposed application for leave to appeal, finding no reasonable prospects of success and no basis to disturb the review judgment.

• Review Of Arbitration Award
• Reasonableness Standard
• Prospects Of Success
• Distinction Between Appeal And Review
• Labour-law
• Arbitration-review

Mphela v Metal Engineering Industries Bargaining Council and Others (JR1661/12)

Mphela v Metal Engineering Industries Bargaining Council and Others (JR1661/12) [2022] ZALCJHB 252 (6 September 2022)

Court

Labour Court Johannesburg

Case number

JR1661/12

Judge

Schensema

Review dismissed because the arbitration record was materially incomplete and the applicant failed to take reasonable steps to reconstruct it.

• Review Of Arbitration Award
• Incomplete Record
• Unfair Dismissal
• Reasonableness Standard
• Labour-law
• Review-of-arbitration-award

Cloete v Commissioner for Concilation Mediation and Arbitration and Others (C370/2020)

Cloete v Commissioner for Concilation Mediation and Arbitration and Others (C370/2020) [2022] ZALCCT 46 (14 July 2022)

Court

Labour Court Cape Town

Case number

C370/2020

Judge

Barthus

The court found that the Secretary of the Western Cape Provincial Parliament had the discretion to accept or reject the panel’s recommendation for appointment and was entitled to invoke the Transfer Policy to fill the post. The amendments to the job profile did not exceed 50% and did not require a regrading or fresh recruitment process. The Functional Enhancement Principles were not a binding policy and did not override the Transfer Policy. The Commissioner considered all relevant evidence and issues, and there was no gross irregularity or misconduct in the proceedings. The award was not so u…

Source excerpt

• Unfair Labour Practice
• Promotion
• Review Of Arbitration Award
• Transfer Policy
• Reasonableness Standard