South Africa Case Law

Lufafa Hatchery (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (JR2709/22)

Lufafa Hatchery (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (JR2709/22) [2025] ZALCJHB 194 (21 May 2025)

Court

Labour Court Johannesburg

Case number

JR2709/22

Judge

Daniels

The court found that the commissioner’s arbitration award was unreasonable and materially distorted by errors in fact and law. The refusal to grant a postponement denied the applicant a fair hearing and constituted a reviewable irregularity. The commissioner failed to properly assess the credibility of the third respondent, who was unrepentant and lacked remorse for serious misconduct, including divisive and disrespectful behaviour towards management and escalation of union tensions. The evidence overwhelmingly supported the applicant’s version, and the trust relationship was irreparably dama…

Source excerpt

• Unfair Dismissal
• Review Of Arbitration Award
• Misconduct
• Shop Steward Rights
• Reasonableness Test

Kekana v Stapelberg NO and Others (JR2280/21)

Kekana v Stapelberg NO and Others (JR2280/21) [2025] ZALCJHB 178 (19 May 2025)

Court

Labour Court Johannesburg

Case number

JR2280/21

Judge

Daniels

The court found that the commissioner’s award was reasonable and supported by the totality of the evidence. The applicant, as a manager trained in company policies, failed to follow procedures and actively assisted in fraudulent transactions, resulting in significant financial loss. The commissioner did not ignore evidence of other individuals’ involvement but correctly found that inconsistency in discipline did not render the dismissal unfair. The applicant’s arguments were assessed piecemeal and did not demonstrate that the award was one which no reasonable commissioner could reach. The app…

Source excerpt

• Review Of Arbitration Award
• Unfair Dismissal
• Reasonableness Test
• Inconsistency In Discipline
• Gross Misconduct

Sibanye Rustenburg Platinum Mines v Commission for Conciliation Mediation and Arbitration and Others (JR122/23)

Sibanye Rustenburg Platinum Mines v Commission for Conciliation Mediation and Arbitration and Others (JR122/23) [2025] ZALCJHB 212 (6 May 2025)

Court

Labour Court Johannesburg

Case number

JR122/23

Judge

Daniels

The court found that the commissioner failed to apply his mind to the totality of the circumstances, including the seriousness of the safety breach, the operational risk to the company, and the employers statutory duty to provide a safe working environment. The commissioner made material errors of law by finding a plausible excuse for breaching a non-negotiable safety rule and by requiring evidence from a supervisor regarding the trust relationship. The court held that the award was not one a reasonable decision maker could reach, as the commissioner ignored the importance of deterrence in h…

Source excerpt

• Dismissal For Safety Breach
• Substantive Fairness
• Arbitration Review
• Reasonableness Test
• Operational Risk
• Trust Relationship

Ngomane v National Bargaining Council for Road Freight and Logistics Industry (JR1670/21)

Ngomane v National Bargaining Council for Road Freight and Logistics Industry (JR1670/21) [2025] ZALCJHB 175 (2 May 2025)

Court

Labour Court Johannesburg

Case number

JR1670/21

Judge

Daniels

The Labour Court dismissed a review of an arbitration award upholding a dismissal, finding the commissioner’s credibility and probability findings reasonable.

• Review Of Arbitration Award
• Reasonableness Test
• Procedural Fairness
• Dismissal For Misconduct
• Credibility Of Witnesses
• Review-of-arbitration-award

Bidvest Protea Coin (Pty) Ltd v PTAWU and Others (JR1471/21)

Bidvest Protea Coin (Pty) Ltd v PTAWU and Others (JR1471/21) [2025] ZALCJHB 111 (14 March 2025)

Court

Labour Court Johannesburg

Case number

JR1471/21

Judge

M Makhura

The court held that the commissioner’s decision was reasonable and supported by the evidence. The charge against the employee included both dereliction of duty and negligence, making negligence a competent verdict. The commissioner properly considered the employee’s medical condition, the disciplinary code, and the lack of evidence of gross misconduct or irreparable harm to the trust relationship. The company failed to justify why dismissal was the only appropriate sanction. The award of reinstatement with limited backpay and a final written warning was found to be fair and reasonable. The re…

Source excerpt

• Unfair Dismissal
• Review Of Arbitration Award
• Sanction For Misconduct
• Reinstatement
• Reasonableness Test

Choane v Skinner N.O and Others (JR1188/16)

Choane v Skinner N.O and Others (JR1188/16) [2025] ZALCJHB 92 (5 March 2025)

Court

Labour Court Johannesburg

Case number

JR1188/16

Judge

N Tshisevhe

The Labour Court dismissed a review of an arbitration award, holding that the applicant failed to prove an unfair labour practice or any reviewable irregularity.

• Unfair Labour Practice
• Review Of Arbitration Award
• Ministerial Handbook
• Salary Downgrade
• Secondment
• Reasonableness Test

Minister of Home Affairs v Public Service Association obo Ngobeni and Others (JR2826/18)

Minister of Home Affairs v Public Service Association obo Ngobeni and Others (JR2826/18) [2025] ZALCJHB 79 (25 February 2025)

Court

Labour Court Johannesburg

Case number

JR2826/18

Judge

Daniels

The Labour Court reviewed and set aside a reinstatement award after finding the commissioner failed to properly assess material evidence and probabilities.

• Unfair Dismissal
• Review Of Arbitration Award
• Reasonableness Test
• Procedural Fairness
• Condonation
• Review-of-arbitration-award

Auto Pedigree, Division of Motus Group v Dispute Resolution Centre (MIBCO) and Others (JR2081/22)

Auto Pedigree, Division of Motus Group v Dispute Resolution Centre (MIBCO) and Others (JR2081/22) [2025] ZALCJHB 57 (4 February 2025)

Court

Labour Court Johannesburg

Case number

JR2081/22

Judge

Daniels

The Labour Court dismissed a review of an arbitration award after finding the commissioner’s procedural unfairness ruling was not unreasonable.

• Review Of Arbitration Award
• Procedural Fairness
• Condonation
• Disciplinary Hearing
• Reasonableness Test
• Labour-law

SASBO, the Finance Union and Another v Standard Bank of South Africa Ltd (JR252/22)

SASBO, the Finance Union and Another v Standard Bank of South Africa Ltd (JR252/22) [2025] ZALCJHB 11 (13 January 2025)

Court

Labour Court Johannesburg

Case number

JR252/22

Judge

G MAFA-CHALI

The Labour Court dismissed an application for leave to appeal in a review matter concerning a CCMA award and the dismissal of a bank employee.

• Leave To Appeal
• Review Of Arbitration Award
• Unfair Dismissal
• Reasonableness Test
• Covid 19 Workplace Protocols
• Leave-to-appeal

Sasol Mining (Pty) Ltd v Commissioner for Conciliation, Mediation and Arbitration and Others (JR2279/21)

Sasol Mining (Pty) Ltd v Commissioner for Conciliation, Mediation and Arbitration and Others (JR2279/21) [2024] ZALCJHB 436 (8 November 2024)

Court

Labour Court Johannesburg

Case number

JR2279/21

Judge

B M Sono

The Labour Court dismissed Sasol Mining’s review of a CCMA award that found the dismissal of an employee substantively unfair due to inconsistent discipline.

• Unfair Dismissal
• Parity Principle
• Inconsistency Of Sanction
• Review Of Arbitration Award
• Reasonableness Test
• Unfair-dismissal