South Africa Case Law

Association of Mineworkers and Construction Union obo Gladile and Others v Commission for Conciliation, Mediation and Arbitration and Others (JR 674/18)

Association of Mineworkers and Construction Union obo Gladile and Others v Commission for Conciliation, Mediation and Arbitration and Others (JR 674/18) [2025] ZALCJHB 107 (11 March 2025)

Court

Labour Court Johannesburg

Case number

JR 674/18

Judge

Tlhotlhalemaje

The Labour Court reviewed and set aside a CCMA award upholding dismissals over a workplace food ban, finding inadequate reasons and a blanket approach.

• Unfair Dismissal
• Review Of Arbitration Award
• Procedural Fairness
• Substantive Fairness
• Labour Relations Act
• Remittal To Ccma

NUMSA obo Plaatjei and Others v RME Transnet and Others (JR1454/2022)

NUMSA obo Plaatjei and Others v RME Transnet and Others (JR1454/2022) [2025] ZALCJHB 4 (14 January 2025)

Court

Labour Court Johannesburg

Case number

JR1454/2022

Judge

S Swartz

The court found that the commissioner’s dismissal of the re-enrolment application prematurely terminated the arbitration and denied the applicants a fair hearing on the merits of their unfair dismissal dispute. Section 138(1) of the Labour Relations Act requires commissioners to address the substantive merits of disputes, especially where arbitration has commenced and is part-heard. The commissioner’s failure to do so constituted a reviewable irregularity. The matter was remitted to the CCMA for arbitration before the same commissioner, unless unavailable, to ensure the applicants’ statutory…

Source excerpt

• Unfair Dismissal
• Arbitration Review
• Procedural Irregularity
• Remittal To Ccma

Netcare Hospitals (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (D 415/21)

Netcare Hospitals (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (D 415/21) [2023] ZALCD 4; [2023] 8 BLLR 827 (LC) (4 April 2023)

Court

Labour Court Durban

Case number

D 415/21

Judge

Whitcher

Labour Court review of a CCMA wage arbitration award set aside an ATB increase finding after the commissioner misstated the industry average benchmark.

• Review Of Arbitration Award
• Wage Dispute
• Material Error Of Fact
• Interest Arbitration
• Remittal To Ccma
• Review-of-arbitration-award

Ansies Enterprises CC t/a Boss Alu and Steel v Commission for Conciliation, Mediation and Arbitration and Others (JR 2126/19)

Ansies Enterprises CC t/a Boss Alu and Steel v Commission for Conciliation, Mediation and Arbitration and Others (JR 2126/19) [2020] ZALCJHB 82 (25 May 2020)

Court

Labour Court Johannesburg

Case number

JR 2126/19

Judge

Mabaso

The Labour Court reviewed and set aside a CCMA award after finding the commissioner misidentified the real dispute about whether the employee was dismissed.

• Unfair Dismissal
• Reviewable Irregularity
• Employment Contract
• Remittal To Ccma
• Unfair-dismissal
• Ccma-review

Jacobson v VITALAB (JS1042/19)

Jacobson v VITALAB (JS1042/19) [2019] ZALCJHB 157; (2019) 40 ILJ 2363 (LC) (28 May 2019)

Court

Labour Court Johannesburg

Case number

JS1042/19

Judge

Van Niekerk

Section 187(1)(c) of the Labour Relations Act, as amended, is designed to protect the collective bargaining process and does not apply to individual dismissal disputes. The provision's wording and legislative intent, as clarified in the Explanatory Memorandum, restrict its application to situations where an employer seeks to compel acceptance of a demand by multiple employees. In this case, the applicant was the sole employee affected, and the dispute did not concern collective bargaining. Even if the demand to sell shares could be considered a matter of mutual interest, the statutory protect…

Source excerpt

• Automatically Unfair Dismissal
• Section 187 1 C
• Exception To Pleadings
• Collective Bargaining
• Mutual Interest
• Remittal To Ccma

Ranelo v WHBO Construction (Pty) Ltd and Others (C445/2016)

Ranelo v WHBO Construction (Pty) Ltd and Others (C445/2016) [2017] ZALCCT 46 (11 October 2017)

Court

Labour Court Cape Town

Case number

C445/2016

Judge

Rabkin-Naicker

The Labour Court found that Ranelo had been demoted in status despite unchanged pay, reviewed the award, and remitted the dispute to the CCMA.

• Unfair Labour Practice
• Demotion
• Arbitration Review
• Remittal To Ccma
• Unfair-labour-practice
• Labour-court-review

NUM obo Magagula v Commission for Conciliation, Mediation and Arbitration and Others (JR555/14)

NUM obo Magagula v Commission for Conciliation, Mediation and Arbitration and Others (JR555/14) [2016] ZALCJHB 331 (26 August 2016)

Court

Labour Court Johannesburg

Case number

JR555/14

Judge

Molahlehi

The Labour Court rescinded an order remitting a review to the CCMA, holding it was made in chambers without notice to the affected respondent.

• Rescission Of Order
• Review Proceedings
• Practice Manual Directives
• Incomplete Record
• Remittal To Ccma
• Rescission-of-order

Passenger Rail Agency of South Africa v Commission for Conciliation, Mediation and Arbitration and Others (JR1654/13)

Passenger Rail Agency of South Africa v Commission for Conciliation, Mediation and Arbitration and Others (JR1654/13) [2015] ZALCJHB 409 (5 August 2015)

Court

Labour Court Johannesburg

Case number

JR1654/13

Judge

Boda AJ

The Labour Court reviewed a CCMA award, setting aside only the finding of substantive unfairness and the relief, while leaving procedural fairness and guilt intact.

• Review Of Arbitration Award
• Procedural Fairness
• Substantive Fairness
• Remittal To Ccma
• Sanction Of Dismissal
• Labour-law

G4 Security Services SA (Pty) Ltd v Edwards NO and Others (C 942/2008)

G4 Security Services SA (Pty) Ltd v Edwards NO and Others (C 942/2008) [2011] ZALCCT 48 (24 March 2011)

Court

Labour Court Cape Town

Case number

C 942/2008

Judge

Steenkamp

The Labour Court reviewed an arbitration award that relied on evidence not in the record and granted reinstatement despite a request only for compensation.

• Unfair Dismissal
• Review Of Arbitration Award
• Consistency Of Disciplinary Action
• Remittal To Ccma
• Unfair-dismissal
• Review-of-arbitration-award

Polymark Recycling (Pty) Ltd v Mohulatsi and Others (JR511/08)

Polymark Recycling (Pty) Ltd v Mohulatsi and Others (JR511/08) [2010] ZALCJHB 54 (19 March 2010)

Court

Labour Court Johannesburg

Case number

JR511/08

Judge

KS Tip

Labour Court review of a CCMA award set aside findings of unfair dismissal and remitted the matter for rehearing before a different commissioner.

• Unfair Dismissal
• Review Of Arbitration Award
• Procedural Fairness
• Remittal To Ccma
• Labour-law
• Unfair-dismissal