South Africa Case Law

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…

Source excerpt

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

Elundini Local Municipality v South African Local Government Bargaining Council (PR 21/21)

Elundini Local Municipality v South African Local Government Bargaining Council (PR 21/21) [2022] ZALCPE 7 (11 May 2022)

Court

Labour Court Port Elizabeth

Case number

PR 21/21

Judge

Lallie

Labour Court review of an arbitration award concerning dismissal for gross negligence and dishonesty in handling a tender email.

• Unfair Dismissal
• Review Of Arbitration Award
• Gross Negligence
• Gross Dishonesty
• Remedies Under Lra
• Labour-law

SAMWU and Another v Ethekwini Municipality and Others (DA18/2016)

SAMWU and Another v Ethekwini Municipality and Others (DA18/2016) [2018] ZALAC 46; [2019] 1 BLLR 46 (LAC) (15 August 2018)

Court

Labour Appeal Court

Case number

DA18/2016

Judges

Waglay JP, Coppin JA, Savage AJA

Labour Appeal Court reinstated an employee dismissed for insubordination, holding that the arbitrator failed to properly consider all relevant factors under section 193 of the LRA.

• Unfair Dismissal
• Reinstatement
• Progressive Discipline
• Insubordination
• Remedies Under Lra
• Unfair-dismissal

Niland v Ntabeni NO and Others (PR33/16)

Niland v Ntabeni NO and Others (PR33/16) [2017] ZALCPE 6; [2017] 5 BLLR 521 (LC); (2017) 38 ILJ 1686 (LC) (24 February 2017)

Court

Labour Court Port Elizabeth

Case number

PR33/16

Judge

Steenkamp

The applicant failed to prove that the employer made continued employment intolerable. Although the arbitrator's failure to consider written submissions rendered the award reviewable, the evidence before the court showed that the applicant continued working for two years after discovering the affair and did not confront the employer about intolerable conditions prior to resignation. The applicant's decision to leave was motivated by alternative employment opportunities rather than intolerable conduct by the employer. The requirements for constructive dismissal under section 186(1)(e) of the L…

Source excerpt

• Constructive Dismissal
• Review Of Arbitration Award
• Jurisdictional Issue
• Onus Of Proof
• Remedies Under Lra

Makau v General Public Service Sectoral Bargaining Council and Others (JR 1638/2010)

Makau v General Public Service Sectoral Bargaining Council and Others (JR 1638/2010) [2012] ZALCJHB 29 (10 March 2012)

Court

Labour Court Johannesburg

Case number

JR 1638/2010

Judge

Lagrange

The court held that the arbitrator correctly determined that most of the applicant's complaints, including non-compliance with grievance procedures, salary differentiation, harassment, and victimisation, did not fall within the unfair labour practice jurisdiction of the bargaining council under section 186(2)(a) of the LRA. These issues were either matters of interpretation and application of collective agreements, contractual entitlements, or required referral to other forums such as the Labour Court or High Court. However, the arbitrator erred by failing to properly canvass whether the appl…

Source excerpt

• Unfair Labour Practice
• Jurisdiction Of Bargaining Council
• Performance Bonus Dispute
• Interpretation Of Collective Agreement
• Remedies Under Lra

Khoza v Department of Economic Development (Gauteng) (J2326/09)

Khoza v Department of Economic Development (Gauteng) (J2326/09) [2009] ZALC 231 (4 November 2009)

Court

Labour Court

Case number

J2326/09

Judge

Francis

The Labour Court dismissed an urgent application challenging termination of a consultancy agreement and alleged impact on a CEO appointment, finding no urgency or basis for interdictory relief.

• Fixed Term Contract
• Urgent Interdict
• Misrepresentation
• Remedies Under Lra
• Arbitration Clause
• Urgent-interdict

National Union of Mineworkers v Namakwa Sands - A Division of Anglo Operations Ltd (C836/2006)

National Union of Mineworkers v Namakwa Sands - A Division of Anglo Operations Ltd (C836/2006) [2007] ZALCCT 9 (28 November 2007)

Court

Labour Court Cape Town

Case number

C836/2006

Judge

Francis

Labour Court held that strike-time allowances, meals and abnormal overtime paid to non-strikers breached the LRA, but refused monetary relief to striker members.

• Protected Strike
• Discrimination Against Strikers
• Redeployment Allowance
• Excessive Overtime
• Section 5 Lra
• Remedies Under Lra

North West Tourism Council v Commission for Conciliation Mediation and Arbitration and Others (J525/98)

North West Tourism Council v Commission for Conciliation Mediation and Arbitration and Others (J525/98) [1998] ZALC 31 (17 June 1998)

Court

Labour Court

Case number

J525/98

Judge

Sutherland

The Labour Court set aside a CCMA award that had placed an employee in a post she never held, holding the commissioner exceeded his powers and addressed the wrong issues.

• Unfair Labour Practice
• Jurisdiction Of Ccma
• Promotion And Grading
• Discrimination
• Remedies Under Lra
• Labour-law