South Africa Case Law

Inama v Raydian (Pty) Ltd (JS718/2023)

Inama v Raydian (Pty) Ltd (JS718/2023) [2025] ZALCJHB 219 (13 June 2025)

Court

Labour Court Johannesburg

Case number

JS718/2023

Judge

W Kruger

The applicant's conduct and written communication on 18 August 2023 demonstrated a clear and unambiguous intention to terminate her employment prior to the expiry of the notice period. By revoking her notice period and ceasing to work, she effectively resigned before the date of dismissal as contemplated in the retrenchment letter. The court found that the applicant was not dismissed by the respondent but resigned of her own accord, and therefore her claim for unfair dismissal could not succeed. The special plea was upheld and the applicant's claim dismissed.

Source excerpt

• Unfair Dismissal
• Resignation
• Retrenchment
• Notice Period
• Compensation
• Costs

Lorren v Raydian (Pty) Ltd (JS718/2023)

Lorren v Raydian (Pty) Ltd (JS718/2023) [2025] ZALCJHB 228 (13 June 2025)

Court

Labour Court Johannesburg

Case number

JS718/2023

Judge

W Kruger

The Labour Court upheld a special plea after finding the applicant resigned during her notice period, so her unfair dismissal claim was dismissed.

• Unfair Dismissal
• Resignation
• Retrenchment
• Notice Period
• Section 189 Consultation
• Compensation

May and Another v Nuwerus Vines(PTY) Ltd (C215/2017)

May and Another v Nuwerus Vines(PTY) Ltd (C215/2017) [2022] ZALCCT 30 (21 June 2022)

Court

Labour Court Cape Town

Case number

C215/2017

Judge

Lagrange

The Labour Court set aside an arbitrator’s finding that two long-serving employees had resigned, held they were dismissed, and awarded each two months’ compensation.

• Unfair Dismissal
• Jurisdictional Issue
• Compensation
• Review Of Arbitration Award
• Unfair-dismissal
• Resignation

Matlole v Mafube Local Municipality and Others (J421/2020)

Matlole v Mafube Local Municipality and Others (J421/2020) [2020] ZALCJHB 98 (24 June 2020)

Court

Labour Court Johannesburg

Case number

J421/2020

Judge

Van Niekerk

The Labour Court refused leave to appeal against dismissal of a salary claim, holding the applicant had validly resigned and could not unilaterally withdraw notice.

• Resignation
• Fixed Term Contract
• Withdrawal Of Notice
• Costs Discretion
• Urgent Application
• Withdrawal-of-notice

Billion Group (Pty) Ltd v Ntshangase and Others (JR1449/2017)

Billion Group (Pty) Ltd v Ntshangase and Others (JR1449/2017) [2018] ZALCJHB 211; (2018) 39 ILJ 2516 (LC) (20 June 2018)

Court

Labour Court Johannesburg

Case number

JR1449/2017

Judge

Lagrange

Review of a constructive dismissal award failed because the employee’s resignation was not objectively compelled by intolerable conduct.

• Constructive Dismissal
• Review Of Arbitration Award
• Intolerable Work Conditions
• Employee Resignation
• Onus Of Proof
• Disciplinary Procedure

Manson v Oracle Corporation (South Africa) (Pty) Ltd (J1556/17)

Manson v Oracle Corporation (South Africa) (Pty) Ltd (J1556/17) [2017] ZALCJHB 267 (18 July 2017)

Court

Labour Court Johannesburg

Case number

J1556/17

Judge

H Cele

The Labour Court struck Robert Manson’s urgent application off the roll, finding no valid basis to invalidate his resignation or show urgency.

• Resignation
• Constructive Dismissal
• Urgency
• Section 77 3 Bcea
• Section 186 1 E Lra
• Constructive-dismissal

Sunshield Solutions (Pty) Limited v Ngwenya and Others (JR1629/2016)

Sunshield Solutions (Pty) Limited v Ngwenya and Others (JR1629/2016) [2017] ZALCJHB 39 (7 February 2017)

Court

Labour Court Johannesburg

Case number

JR1629/2016

Judge

Naidoo AJ

The court found that the applicant failed to prove that the third respondent had resigned, either orally or in writing, on 8 December 2015. The applicant did not call any witnesses to corroborate its version, leaving only the third respondent's testimony, which was clear and unambiguous in denying any communication of resignation. The arbitrator acted reasonably in concluding that the termination of employment upon the third respondent's return from leave amounted to a dismissal. No evidence was presented to justify the fairness of the dismissal, and the compensation awarded was supported by…

Source excerpt

• Unfair Dismissal
• Resignation
• Arbitration Review
• Compensation Award

Mtati v KPMG Services (Pty) Ltd (J2277/16)

Mtati v KPMG Services (Pty) Ltd (J2277/16) [2016] ZALCJHB 403; [2017] 3 BLLR 315 (LC); (2017) 38 ILJ 1362 (LC) (18 October 2016)

Court

Labour Court Johannesburg

Case number

J2277/16

Judge

Molahlehi E

The court held that the applicant's second resignation with immediate effect terminated the employment contract, thereby depriving the respondent of any jurisdiction to discipline her. The employer's authority to discipline only persists during the notice period if the employee is still serving notice. However, once the employee resigns with immediate effect, the employment relationship ends and the employer loses all disciplinary powers. The disciplinary hearing and the subsequent dismissal were declared null and void, as they occurred after the employment contract had ended. The court furth…

Source excerpt

• Resignation
• Disciplinary Proceedings
• Jurisdiction Of Employer
• Urgent Interdict
• Employment Contract Termination

Munro v Pride Milling (Pty) Ltd (D277/14)

Munro v Pride Milling (Pty) Ltd (D277/14) [2016] ZALCD 4 (25 February 2016)

Court

Labour Court Durban

Case number

D277/14

Judge

Cele

The Labour Court dismissed Barry Munro’s unfair dismissal claim, finding he had resigned after initially opting to relocate rather than being retrenched.

• Unfair Dismissal
• Operational Requirements
• Retrenchment
• Resignation
• Section 189 Procedure
• Unfair-dismissal

Mnguti v Commission for Conciliation, Mediation and Arbitration and Others (JR 349/12)

Mnguti v Commission for Conciliation, Mediation and Arbitration and Others (JR 349/12) [2015] ZALCJHB 277; (2015) 36 ILJ 3111 (LC) (28 August 2015)

Court

Labour Court Johannesburg

Case number

JR 349/12

Judge

S Snyman

The court held that the applicant failed to discharge the onus of proving dismissal. The evidence established that the applicant verbally resigned on 31 August 2011, communicated his intention to leave employment, and acted unilaterally and finally in terminating the employment relationship. The employer's conduct in accepting the resignation and processing the exit was consistent with a resignation, not a dismissal. The applicant's contradictory testimony and subsequent conduct, including completing pension withdrawal forms, further supported the finding of resignation. The Labour Court, app…

Source excerpt

• Jurisdiction Of Ccma
• Resignation
• Dismissal Definition
• Review Test
• Section 145 Lra