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South Africa decisions
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Club Myknonos Langebaan Home Owners Association v Ruggiero N.O and Others (C332/2019) [2025] ZALCCT 37 (5 June 2025)
Labour Court review dismissed: the arbitrator’s reinstatement of an employee with a final written warning was found reasonable despite a policy breach.
Standard Bank of South Africa v South African Society of Bargaining Officials and Others (JA 107/22) [2025] ZALAC 10 (27 February 2025)
The Labour Appeal Court dismissed Standard Bank’s appeal, upholding a finding that Ms Ngcobo’s dismissal for breach of housing policy and alleged gross negligence was substantively unfair.
Buscor (Pty) Ltd v Ntimbana N.O (JR2948/19) [2024] ZALCJHB 458 (22 November 2024)
The Labour Court reviewed and set aside an award finding a bus driver’s dismissal unfair, holding the evidence showed sleeping on duty and justified dismissal.
DSV South Africa (Pty) Ltd v Koekemoer N.O. and Others (JR2552/21) [2024] ZALCJHB 173 (26 April 2024)
The Labour Court dismissed a review of an award that reinstated two employees dismissed for route deviation, finding the commissioner’s sanction reasoning was reasonable.
Cleveland Crane Hire Close Corporation v NUMSA, obo Rosbert and Others (JR 2292/18) [2023] ZALCJHB 267 (14 February 2023)
The Labour Court found that the second respondent's decision that the applicant applied discipline inconsistently was reasonable, as Employees 2 and 3 were reinstated after showing remorse and approaching the Managing Director, while the first respondent was dismissed despite showing remorse during the disciplinary hearing. The only difference was the failure of the first respondent to approach the MD after the hearing, which should not have prejudiced him. The Court held that the dismissal was substantively unfair due to inconsistent application of discipline. However, the relief of reinstat…
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Zondo v South African Local Government Bargaining Council and Others (JR 2299/18) [2021] ZALCJHB 51 (31 March 2021)
Labour Court review of an unfair dismissal award: the court struck an irregular affidavit, upheld the refusal of reinstatement, and increased compensation.
Solidarity obo Kruger v Transnet SOC Ltd t/a Transnet National Ports Authority and Others (DA17/2019) [2020] ZALAC 49; [2021] 5 BLLR 484 (LAC); (2021) 42 ILJ 852 (LAC) (1 December 2020)
The Labour Appeal Court found that the arbitrator's conclusions regarding the employee's alleged gross negligence were not supported by the evidence. The employee took all reasonable steps to ensure full marine services on Christmas day, including instructing staff and escalating concerns about shortages. There was no reasonable basis to conclude that he should have foreseen Ms Mthethwa's absence or that he failed to report a known risk to his superiors. The arbitrator's finding that the employee's efforts were insufficient was not borne out by the facts. Regarding the threatening behaviour,…
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South African Medical Association and Another v Member of the Executive Council for Health North West (JR2580/12) [2020] ZALCJHB 224 (22 July 2020)
The Labour Court dismissed an application for leave to appeal, holding that the MEC had no reasonable prospects of success and awarding costs.
South African Medical Association and Another v Member of the Executive Council for Health North West (JR2580/12) [2020] ZALCJHB 223 (22 May 2020)
The Labour Court dismissed an application for leave to appeal, finding no reasonable prospects of success and confirming reinstatement after an unlawful deemed dismissal.
Adwill Plastics (Pty) Ltd v Mothibe NO and Others (JR2499/16) [2018] ZALCJHB 368 (9 November 2018)
Labour Court review dismissed a challenge to an arbitration award, holding that dismissal for negligence was too harsh where progressive discipline had begun.
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