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

Southern African Clothing and Textile Workers Union and Others v Agri Poultry (Pty) Ltd ta Daybreak Farm and Others (JS751/22)

Southern African Clothing and Textile Workers Union and Others v Agri Poultry (Pty) Ltd ta Daybreak Farm and Others (JS751/22) [2025] ZALCJHB 304 (24 July 2025)

Court

Labour Court Johannesburg

Case number

JS751/22

Judge

MB Mahalelo

The court found that the respondent failed to discharge its onus to prove that the three shop stewards were guilty of incitement, as no credible evidence was led against them. The deductions from bonus payments were lawful and did not amount to provocation. The strike lasted for three days and was not of limited duration. Although formal written ultimatums were not issued, the employees were adequately warned through union engagement and shop steward communication. The respondent applied discipline inconsistently by dismissing some employees without valid final written warnings and treating s…

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• Unfair Dismissal
• Unprotected Strike
• Parity Principle
• Disciplinary Inconsistency
• Remedies For Unfair Dismissal
• Compensation

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

SASBO Finance Union obo Strrnkamp v African Bank Ltd and Others (C615/2021)

SASBO Finance Union obo Strrnkamp v African Bank Ltd and Others (C615/2021) [2025] ZALCCT 35 (30 May 2025)

Court

Labour Court Cape Town

Case number

C615/2021

Judge

Duba

The Labour Court reviewed a CCMA award upholding dismissal for negligence, finding the commissioner misconceived the inquiry by ignoring delay and mitigation.

• Unfair Dismissal
• Progressive Discipline
• Delay In Disciplinary Action
• Remedies For Unfair Dismissal
• Trust Relationship Breakdown
• Unfair-dismissal

CCI Call Centres (Pty) Ltd v Pinn (DA7/2024)

CCI Call Centres (Pty) Ltd v Pinn (DA7/2024) [2025] ZALAC 24; [2025] 8 BLLR 781 (LAC) (17 April 2025)

Court

Labour Appeal Court

Case number

DA 7/2024

Judges

Van Niekerk, Waglay, Mooki

The Labour Appeal Court held that the Labour Court erred by applying an appeal standard rather than the correct review test, which requires deference to the arbitrator's decision unless it is one no reasonable decision-maker could reach. The arbitrator's refusal to reinstate the employee was reasonable, given the unchallenged evidence of serious misconduct and a complete breakdown in the employment relationship, particularly the loss of trust between the employee and his superior. The Labour Court failed to engage with this evidence and substituted its own view without justification. The appe…

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• Unfair Dismissal
• Reinstatement
• Intolerability Exception
• Remedies For Unfair Dismissal
• Review Of Arbitration Award

Engineering Council of South Africa v Commission for Conciliation, Mediation and Arbitration and Others (JR1563/22)

Engineering Council of South Africa v Commission for Conciliation, Mediation and Arbitration and Others (JR1563/22) [2025] ZALCJHB 167 (10 April 2025)

Court

Labour Court Johannesburg

Case number

JR1563/22

Judge

Kirstein

The Labour Court held that Zola Khoza’s dismissal was substantively unfair, but set aside the remedy and remitted the matter for reconsideration and procedural fairness findings.

• Unfair Dismissal
• Retrenchment
• Remedies For Unfair Dismissal
• Procedural Fairness
• Review Of Arbitration Award
• Unfair-dismissal

National Lotteries Commission v Commission for Conciliation, Mediation and Arbitration and Others (C696/2021)

National Lotteries Commission v Commission for Conciliation, Mediation and Arbitration and Others (C696/2021) [2024] ZALCCT 66 (18 December 2024)

Court

Labour Court Cape Town

Case number

C696/2021

Judge

Lagrange

The Labour Court reviewed and set aside an arbitration award finding dismissal unfair, holding the employee’s dismissal for vehicle misconduct was substantively fair.

• Unfair Dismissal
• Disciplinary Code Interpretation
• Remedies For Unfair Dismissal
• Review Of Arbitration Award
• Unfair-dismissal
• Review-of-arbitration-award

National Union of Metalworkers of South Africa obo Motloung and Others v Polyoak Packaging (Pty) Ltd Metal and Engineering Industries and Others (DA02/23)

National Union of Metalworkers of South Africa obo Motloung and Others v Polyoak Packaging (Pty) Ltd Metal and Engineering Industries and Others (DA02/23) [2024] ZALAC 66; [2025] 3 BLLR 227 (LAC); (2025) 46 ILJ 552 (LAC) (17 December 2024)

Court

Labour Appeal Court

Case number

DA02/23

Judges

Savage ADJP, Van Niekerk JA, Jolwana AJA

The Labour Appeal Court found that the arbitrator's factual findings regarding the participation of the six reinstated employees and Motloung in the barricade were unsupported by the evidence, as both video and viva voce evidence established active involvement in strike-related misconduct. The arbitrator's distinction between groups of employees was arbitrary and motivated by sympathy rather than rational assessment of the evidence. The Labour Court was correct to substitute the arbitrator's award and declare the dismissals of these employees substantively and procedurally fair. In respect of…

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• Unfair Dismissal
• Strike Misconduct
• Remedies For Unfair Dismissal
• Review Of Arbitration Award
• Compensation
• Reinstatement

NTM obo Chokoe and Others v PPO Workforce Staffing (Workforce Group (Pty) Ltd) (J302/18)

NTM obo Chokoe and Others v PPO Workforce Staffing (Workforce Group (Pty) Ltd) (J302/18) [2024] ZALCJHB 500 (11 December 2024)

Court

Labour Court Johannesburg

Case number

J302/18

Judge

Tlhotlhalemaje

The Labour Court held that the applicants’ dismissals were procedurally and substantively fair after finding they engaged in an unprotected strike and ignored ultimatums.

• Unprotected Strike
• Procedural Fairness
• Substantive Fairness
• Organisational Rights
• Disciplinary Hearing
• Remedies For Unfair Dismissal

Somi v Transnet Bargaining Council and Others (PR171/23)

Somi v Transnet Bargaining Council and Others (PR171/23) [2024] ZALCPE 40 (2 October 2024)

Court

Labour Court Port Elizabeth

Case number

PR171/23

Judge

C Jessop

Labour Court review of a pre-dismissal arbitration award. Dismissal was set aside and replaced with a final written warning, with limited reinstatement relief.

• Review Of Arbitration Award
• Progressive Discipline
• Remedies For Unfair Dismissal
• Disability Accommodation
• Sanction Fairness
• Labour-law