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.
Sun International Management (Pty) Ltd v Augustus and Others (JR635/22) [2024] ZALCJHB 447 (6 November 2024)
Court
Labour Court Johannesburg
Case number
JR635/22
Judge
Sono
The court found that the applicant's disciplinary code did not empower it to overturn the sanction imposed by the appeal chairperson. The employer's action in dismissing the first respondent after the appeal chairperson reduced the sanction was ultra vires and rendered the dismissal unfair. However, the arbitrator failed to properly consider whether reinstatement was appropriate, as required by section 193(2) of the LRA and the parties' pre-arbitration agreement. The arbitrator did not provide reasons for finding continued employment tolerable or address the applicant's arguments regarding th…
National Union of Metalworkers of South Africa (NUMSA) and Others v Kaefer Energy Projects (Pty) Ltd (JS234/16;JS857/15;JS88/16) [2023] ZALCJHB 98 (24 March 2023)
Court
Labour Court Johannesburg
Case number
JS234/16;JS857/15;JS88/16
Judge
M T M Phehane
The court found that the differentiation between category B and category C employees was rational, justified, and non-capricious. Category B employees either dissociated from the strike, provided valid explanations, or attended induction and were offered peace agreements with final written warnings and forfeiture of benefits. Category C employees failed to heed ultimata, did not tender their services, and did not provide explanations; they were subjected to disciplinary hearings and dismissed. NUMSA and the individual applicants did not present evidence to explain their conduct or challenge t…
Western Cape Nature Conservation Board t/a Cape Nature v Commission for Mediation, Conciliation & Arbitration and Others (C 174/2019) [2022] ZALCCT 13; (2022) 43 ILJ 1394 (LC) (3 March 2022)
Court
Labour Court Cape Town
Case number
C 174/2019
Judge
Lagrange
The court found that the arbitrator's conclusion of procedural unfairness was incorrect, as the employee was given a reasonable opportunity to provide medical evidence during the appeal process but failed to do so. The initial medical certificate was vague and speculative, and the employer was justified in proceeding with the disciplinary hearing. However, the court upheld the arbitrator's finding of substantive unfairness, as subsequent expert evidence established that the employee suffered from a manic episode and bipolar disorder at the time of the misconduct, which explained her behaviour…
Cullin Diamond Mine (Pty) v CCMA and Others (JR2061/2010) [2018] ZALCJHB 157 (19 April 2018)
Court
Labour Court Johannesburg
Case number
JR2061/2010
Judge
GN Moshoana
The Labour Court granted condonation for a late leave-to-appeal application and allowed the appeal, finding reasonable prospects of success on reinstatement.
Masingo v CCMA and Others (JR 1742/15) [2016] ZALCJHB 259 (21 June 2016)
Court
Labour Court Johannesburg
Case number
JR 1742/15
Judge
Moshoana
The Labour Court reviewed an unopposed arbitration award, finding the commissioner acted unfairly and misunderstood the employee’s defence. The dismissal was set aside and reinstatement ordered.
Western Cape Education Department v General Public Service Sectoral Bargaining Council and Others (CA11/13) [2014] ZALAC 34; [2014] 10 BLLR 987 (LAC); (2014) 35 ILJ 3360 (LAC) (26 June 2014)
Court
Labour Appeal Court
Case number
CA11/13
Judges
Davis, Molemela, Sutherland
The Labour Appeal Court found that Mr Gordon's resignation was a constructive dismissal as the employer's conduct, including failure to process incapacity leave and ill-health retirement applications, unreasonable salary deductions, and lack of support from senior officials, rendered continued employment intolerable. The evidence of intolerable conditions was largely uncontested and of the employer's making. The Court held that the Labour Court correctly applied the two-stage approach to constructive dismissal, finding both the dismissal and its unfairness established. The subsequent request…
Western Cape Education Department v Gordon (CA 11/13) [2014] ZALAC 113 (26 June 2014)
Court
Labour Appeal Court
Case number
CA 11/13
Judges
Molemela, Davis, Sutherland
The Labour Appeal Court upheld a constructive dismissal finding and dismissed the employer’s appeal with costs, holding that reinstatement was a fair remedy.
