South Africa Case Law

National Health Education and Allied Workers Union and Another v Mtati and Others (D131/2023)

National Health Education and Allied Workers Union and Another v Mtati and Others (D131/2023) [2025] ZALCD 27 (31 July 2025)

Court

Labour Court Durban

Case number

D131/2023

Judge

K Allen-Yaman

The court found that the arbitrator's decision to award compensation rather than reinstatement was not supported by the evidence. The arbitrator incorrectly concluded that reinstatement was impracticable due to redundancy, relying on speculative and hearsay evidence from a witness not employed by the respondent. The second applicant had consistently sought reinstatement, and there was no evidence that she preferred compensation or that her position was genuinely redundant. The delay in filing the review application was relatively short and largely explained, and there was no discernible preju…

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• Condonation
• Unfair Dismissal
• Remedies For Unfair Dismissal
• Reinstatement
• Compensation
• Arbitration Review

Zikhali v Minister of Justice and Constitutional Development and Another (D533/2023)

Zikhali v Minister of Justice and Constitutional Development and Another (D533/2023) [2025] ZALCD 28 (28 July 2025)

Court

Labour Court Durban

Case number

D533/2023

Judge

K Allen-Yaman

The court held that the applicant was discharged from the public service by operation of law under section 17(3)(a)(i) of the Public Service Act, as he absented himself from his official duties as an interpreter without permission for a period exceeding one calendar month, despite direct instructions to return to his substantive post. The applicant failed to provide objective evidence that he reported for duty as required, and his attempts to substitute new relief at the hearing were not supported by his pleadings. The court found that no reviewable administrative decision existed, and the ju…

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• Public Service Act
• Deemed Dismissal
• Jurisdictional Requirements
• Reinstatement
• Review Of Administrative Action

Voice of Workers of South Africa Civil Rights Union and Another v Megabus Coach (Pty) Ltd (JS907/2020)

Voice of Workers of South Africa Civil Rights Union and Another v Megabus Coach (Pty) Ltd (JS907/2020) [2025] ZALCJHB 324 (28 July 2025)

Court

Labour Court Johannesburg

Case number

JS907/2020

Judge

Kumalo MP

The Labour Court found Lindiwe Mahlangu’s dismissal substantively unfair after unprotected strike allegations were not proved against her and reinstatement was ordered.

• Unfair Dismissal
• Strike Definition
• Parity Principle
• Consistency In Discipline
• Reinstatement Remedy
• Unfair-dismissal

Ramuthwala v Hudaco Trading (Pty) Ltd ta Ambro Steel (J614/2024)

Ramuthwala v Hudaco Trading (Pty) Ltd ta Ambro Steel (J614/2024) [2025] ZALCJHB 319 (25 July 2025)

Court

Labour Court Johannesburg

Case number

J614/2024

Judge

M Kumalo

The Labour Court struck an urgent application off the roll, finding the applicant failed to show urgency and had other adequate remedies for his backpay claim.

• Urgent Application
• Unfair Dismissal
• Reinstatement
• Backpay
• Alternative Remedies
• Urgent-application

Makau v Commission for Conciliation, Mediation and Arbitration and Others (Application for Leave to Appeal) (JR1503/22)

Makau v Commission for Conciliation, Mediation and Arbitration and Others (Application for Leave to Appeal) (JR1503/22) [2025] ZALCJHB 308 (24 July 2025)

Court

Labour Court Johannesburg

Case number

JR1503/22

Judge

M Makhura

The Labour Court dismissed the third respondent’s application for leave to appeal, finding no reasonable prospects of success or compelling reason under section 17(1).

• Leave To Appeal
• Unfair Dismissal
• Review Of Arbitration Award
• Reinstatement
• Backpay
• Leave-to-appeal

National Union of Metalworkers of South Africa and Others v Chabo and Joubert Air Conditioning (Pty) Ltd (JS432/20)

National Union of Metalworkers of South Africa and Others v Chabo and Joubert Air Conditioning (Pty) Ltd (JS432/20) [2025] ZALCJHB 255 (26 June 2025)

Court

Labour Court Johannesburg

Case number

JS432/20

Judge

M Makhura

The Labour Court found a retrenchment substantively unfair for lack of meaningful consultation, rational basis, and fair selection criteria. Reinstatement and compensation were ordered.

• Retrenchment
• Section 189a Consultation
• Selection Criteria
• Substantive Fairness
• Compensation And Reinstatement
• Remedies For Unfair Dismissal

Sehlabaka and Others v Passenger Rail Agency of South Africa Soc Ltd (J1030/2023)

Sehlabaka and Others v Passenger Rail Agency of South Africa Soc Ltd (J1030/2023) [2025] ZALCJHB 283 (24 June 2025)

Court

Labour Court Johannesburg

Case number

J1030/2023

Judge

M T M Phehane

The Labour Court dismissed the application, finding it lacked jurisdiction to adjudicate the applicants' claims for further disclosure and payment of interest and benefits related to backpay. The amounts due to the applicants were determined and paid pursuant to previous court orders, not under the BCEA, and any enforcement must be through contempt proceedings. The applicants failed to plead a breach of contract or specify any quantifiable claim, and their application amounted to a fact-finding expedition rather than a substantive legal claim. The provisions of the BCEA regarding interest and…

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• Reinstatement
• Backpay Computation
• Jurisdiction Of Labour Court
• Interest On Remuneration
• Particulars Of Employment
• Costs Award

Golden Arrow Bus Services (Pty) Ltd v Commission for Conciliation Mediation and Arbitration and Others (CA10/2024)

Golden Arrow Bus Services (Pty) Ltd v Commission for Conciliation Mediation and Arbitration and Others (CA10/2024) [2025] ZALAC 38 (19 June 2025)

Court

Labour Appeal Court

Case number

CA10/2024

Judges

Savage, Musi, Waglay

The Labour Appeal Court held that the commissioner’s refusal to order reinstatement was reasonable and supported by compelling evidence. The respondent, a senior manager, failed to take responsibility for the problems during the smartcard rollout, refused to cooperate with the investigation, and made unfounded accusations against management. These actions objectively demonstrated a breakdown of trust and accountability, meeting the high threshold of intolerability required by section 193(2)(b) of the Labour Relations Act. The Labour Court was not justified in interfering with the commissioner…

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• Unfair Dismissal
• Reinstatement
• Intolerability Threshold
• Remedies Under Lra
• Breakdown Of Trust
• Compensation

Jindal Mining South Africa (Pty) Ltd v Association of Mineworkers and Construction Workers Union obo Zwane and Others (JR2422/23)

Jindal Mining South Africa (Pty) Ltd v Association of Mineworkers and Construction Workers Union obo Zwane and Others (JR2422/23) [2025] ZALCJHB 229 (19 June 2025)

Court

Labour Court Johannesburg

Case number

JR2422/23

Judge

VG Mkwibiso

The court found that the CCMA had jurisdiction to arbitrate the dispute, as the real issue was the fairness of the dismissal for alleged poor performance, not discrimination based on union membership. The employer did not challenge the finding of no evidence of poor performance, making the dismissal substantively unfair. The Commissioner’s refusal to order reinstatement was unreasonable, as there was no evidence that reinstatement was impracticable or intolerable, and the employer’s claims of outsourcing were not substantiated at arbitration. Reinstatement is the primary remedy for substantiv…

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• Unfair Dismissal
• Reinstatement
• Compensation
• Ccma Jurisdiction
• Review Test
• Procedural Fairness

Mavundla v Gotcha Security Services (Pty) Ltd (CCT 170/24)

Mavundla v Gotcha Security Services (Pty) Ltd (CCT 170/24) [2025] ZACC 11 (18 June 2025)

Court

Constitutional Court

Case number

CCT 170/24

Judges

Maya, Madlanga, Dambuza, Goosen, Kollapen, Majiedt, Mhlantla, Opperman, Rogers, Theron, Tshiqi

The Constitutional Court held that the Labour Court misapplied the principles governing enforcement orders and reinstatement. The enforcement order issued by Moshoana J did not replace or extinguish the original arbitration award's effect, nor did it constitute a compromise or waiver of the applicant's entitlement to arrear remuneration. The applicant's contract of employment was restored from 1 August 2019, as per the arbitration award, and the subsequent enforcement order merely set a new date for factual reinstatement without altering the contractual restoration date. The applicant was the…

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• Reinstatement
• Arrear Remuneration
• Enforcement Of Arbitration Award
• Compromise And Waiver
• Fair Labour Practices