South Africa Case Law

Golden Arrow Bus Services (Pty) Ltd and Another v South African Road Passenger Bargaining Council and Others (C315/21)

Golden Arrow Bus Services (Pty) Ltd and Another v South African Road Passenger Bargaining Council and Others (C315/21) [2025] ZALCCT 23 (9 April 2025)

Court

Labour Court Cape Town

Case number

C315/21

Judge

S Snyman

The Labour Court held that the exemption appeal decisions refusing GABS exemption from wage provisions under the 2018, 2020, and 2021 collective agreements were reviewable and unsustainable, as they were based on material errors of law, misconstrued the nature of unfair competition, and failed to consider relevant facts and special circumstances. The Court found that wage disparity resulting from historical compliance with collective agreements, in the context of new competitors entering the market at minimum wage, constituted unfair competition and threatened the future viability of GABS. Ex…

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• Collective Bargaining
• Exemption Procedure
• Unfair Competition
• Wage Disparity
• Review Under Lra
• Remedy Substitution

Fraser Alexander (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (JR 1174/21)

Fraser Alexander (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (JR 1174/21) [2025] ZALCJHB 89 (3 March 2025)

Court

Labour Court Johannesburg

Case number

JR 1174/21

Judge

Ngwenya

The court found that the Commissioner misconceived the nature of the rule by focusing on the timing of the spillage rather than the employees' conduct during their shift. The evidence showed that the employees were aware of blockages that could lead to spillage but failed to take action, thereby neglecting their duties. The Commissioner ignored material evidence and undertook the enquiry in the wrong manner, resulting in an unreasonable award. The errors of fact and reasoning rose to the level required for review and set aside under the Mofokeng principle. The court held that the dismissal wa…

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• Unfair Dismissal
• Arbitration Review
• Gross Negligence
• Substantive Fairness
• Remedy Substitution

Imperial Retail Logistics (Pty) Ltd v Ceda NO and Others (JR 1343/2019)

Imperial Retail Logistics (Pty) Ltd v Ceda NO and Others (JR 1343/2019) [2023] ZALCJHB 244 (16 August 2023)

Court

Labour Court Johannesburg

Case number

JR 1343/2019

Judge

Van Niekerk

Labour Court review of an arbitration award on alleged truck damage and dismissal. The court set aside the award and held the dismissal fair.

• Reviewable Irregularity
• Unfair Dismissal
• Credibility Assessment
• Arbitration Award
• Remedy Substitution
• Labour-law

Bokoni Platinum Mines (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (JR241/14)

Bokoni Platinum Mines (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (JR241/14) [2016] ZALCJHB 524 (6 October 2016)

Court

Labour Court Johannesburg

Case number

JR241/14

Judge

Van Niekerk

The Labour Court reviewed and set aside a CCMA award, finding the arbitrator acted unreasonably and substituted a finding that the dismissal was fair.

• Unfair Dismissal
• Arbitration Review
• Credibility Of Witnesses
• Cross Examination
• Substantive Fairness
• Remedy Substitution

Fidelity Services (Pty) Ltd v Mogale City Local Municipality and Others (32719/15)

Fidelity Services (Pty) Ltd v Mogale City Local Municipality and Others (32719/15) [2016] ZAGPJHC 397 (27 May 2016)

Court

South Gauteng High Court, Johannesburg

Case number

32719/15

Judge

S Du Toit

The court found that Mogale City Local Municipality unlawfully entered into a direct contract with Sidas Security Guards (Pty) Ltd, a private entity, under the guise of regulation 32 of the Municipal Supply Chain Management Regulations. Regulation 32 only permits procurement from another organ of state, not a private party. The contract was not the result of a competitive bidding process, and the requirements of the Constitution, the Municipal Finance Management Act, and the municipal supply chain management policy were not met. The municipality failed to demonstrate any discounts or benefits…

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• Municipal Supply Chain Management
• Review Of Administrative Action
• Unlawful Procurement
• Competitive Bidding
• Remedy Substitution
• Costs Orders