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South Africa decisions
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ICTU obo Erasmus and Others v Telkom SOC Limited (JS 410/21) [2024] ZALCJHB 24 (31 January 2024)
The Labour Court held that the applicants were dismissed for misconduct, not automatically unfair dismissal, and dismissed the matter for lack of jurisdiction.
Hadebe v Media, Information and Communication Brand South Afr (JS 222/19) [2023] ZALCJHB 153 (23 May 2023)
The Labour Court dismissed an automatically unfair dismissal claim, finding the real reason for dismissal was misconduct, not the employee’s CCMA referral.
Canton Trading 17 (Pty) Ltd v Hattingh NO (1293/2018) [2019] ZAFSHC 250 (10 December 2019)
The court dismissed an appeal over referral of a construction dispute to arbitration, holding that the appellant’s denial of the agreement was not credible.
SATAWU obo Members v Electronic Toll Collection (Pty) Ltd (J 2590/16) [2019] ZALCJHB 68 (27 March 2019)
The Labour Court found that the settlement agreement in question related to a dispute referred to the CCMA in terms of section 22(4) of the LRA, which concerns organisational rights. Section 158(1A) excludes such disputes from being made orders of court under section 158(1)(c), as they cannot be referred to arbitration. The court relied on the Labour Appeal Court's interpretation that only agreements arising from disputes that may be referred to arbitration or the Labour Court are eligible. Consequently, the applicant's application to make the settlement agreement an order of court was dismis…
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N v Sky Services (Pty) Ltd (JS778/15) [2018] ZALCJHB 278; [2019] 5 BLLR 504 (LC) (21 August 2018)
The applicant failed to establish that the respondent was aware of his HIV status or that his dismissal was based on discrimination due to HIV. The evidence showed that the respondent dismissed the applicant for incapacity following medical assessments that declared him medically unfit for duty. The respondent's witnesses consistently denied knowledge of the applicant's HIV status prior to the CCMA proceedings, and the applicant himself admitted keeping his illness private. The Court found that the real reason for dismissal was incapacity, not discrimination, and therefore the Labour Court la…
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Coetzee and Others v Public Health And Social Development Sectoral Bargaining Council and Others (C819/15) [2016] ZALCCT 21 (12 July 2016)
The Labour Court granted condonation, set aside a bargaining council jurisdictional ruling, and referred the dispute to arbitration before a different arbitrator.
Tobias v Renasa Insurance Company Limited (JS267/14) [2015] ZALCJHB 232 (30 July 2015)
The court found that the applicant did not make a protected disclosure as defined by the Protected Disclosures Act. The letter relied upon by the applicant contained only speculative concerns and lacked specific information showing a failure to comply with legal obligations. As a result, the claim for automatically unfair dismissal under section 187(1)(h) of the Labour Relations Act could not succeed. The court exercised its discretion under section 158(2) of the Labour Relations Act to refer the dispute regarding the fairness of the dismissal to the CCMA for arbitration, as this would be mor…
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Ntshangase v Transnet National Ports Authority (P379/12) [2015] ZALCPE 54 (26 June 2015)
The Labour Court dismissed an application to refer an unfair labour practice dispute to arbitration after the applicant had withdrawn the related discrimination claim.
Ernstzen v Reliance Group Trading (Pty) Ltd (C 717/13) [2015] ZALCCT 42 (18 May 2015)
The Labour Court initially had jurisdiction to consider the applicant's claim as pleaded, namely that his dismissal was automatically unfair due to disability discrimination. However, upon consideration of the common cause facts and the expert evidence, the applicant failed to establish that he suffered from a long-term physical impairment substantially limiting his employment prospects. The evidence showed that the applicant was able to secure similar employment after his dismissal, indicating that his injury did not amount to a disability as defined in employment law. Applying the test from…
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Heymann v GHH Mining Machines (Pty) Ltd and Another (JS237/14) [2015] ZALCJHB 41 (12 February 2015)
The Labour Court lacks jurisdiction to adjudicate the applicant's claims of unfair dismissal and unfair labour practice because the dispute should have been referred to arbitration at the CCMA in terms of section 191 of the Labour Relations Act. No application was made to the Director of the CCMA to refer the dispute to the Labour Court, and the alleged consent to jurisdiction was not validly obtained after referral. The correspondence relied upon by the applicant did not constitute proper consent under section 158(2)(b) of the LRA. The court cannot assume jurisdiction simply because the appl…
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