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South Africa decisions
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NUM obo Mbengwa v Dwarsrivier Chrome Mine (Pty) Ltd (JS171/23) [2025] ZALCJHB 342 (8 August 2025)
The Labour Court granted NUM leave to amend its statement of claim, but ordered costs against NUM because the pre-trial minute remained unresolved.
Durban University of Technology v Commission for Conciliation, Mediation and Arbitration and Others (D553/2022) [2025] ZALCD 24 (23 July 2025)
The court found that the applicant failed to establish that the third respondent intentionally misrepresented his employment status. The evidence showed the misstatement was an error, not a deliberate act of dishonesty or perjury. The third respondent corrected the error when it was brought to his attention and did not contest the applicant's denial of his NEHAWU employment. The arbitrator's conclusion that the dismissal was substantively and procedurally unfair was reasonable. The applicant's challenge to the award of retrospective reinstatement and back pay was unfounded, as the amount awar…
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Lekalake v Eoh Mthombo (Pty) Ltd (JS895/19) [2025] ZALCJHB 62 (21 February 2025)
The court found that the respondent's stated reasons for the applicant's dismissal were not genuine operational requirements as required by section 189 of the Labour Relations Act. The evidence showed that the real reason for retrenchment was the closure of the Public Sector Division due to serious corruption allegations against senior executives, which led to the loss of government contracts. The respondent failed to prove any poor performance or inability of the applicant to perform his duties, nor did it demonstrate that alternative positions were unavailable due to legitimate operational…
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Pioneer Foods (Pty) Ltd t/a Aeroton Bakery v Commission for Conciliation, Mediation and Arbitration and Others (JR2096/21) [2025] ZALCJHB 49 (13 February 2025)
Labour Court review of a CCMA award dismissed after finding the employer failed to prove a clear manual-mixing instruction and did not show reviewable error.
Transnet Port Terminals v Sonqishe and Others (D765/2022) [2024] ZALCD 27 (20 August 2024)
Labour Court dismissed a review of an unfair-dismissal award, holding that fraud was not proved because intent to deceive was not established.
Peremore-Oliver v Commission for Conciliation, Mediation and Arbitration and Others (PR301/22) [2024] ZALCPE 35 (1 August 2024)
Review of CCMA award in a dismissal dispute. The Labour Court found the commissioner’s findings unreasonable and ordered retrospective reinstatement with backpay.
AMCU obo Maluleke and Others v Gold Plat Recovery (Pty) Ltd (JS202/21) [2024] ZALCJHB 289; [2024] 10 BLLR 1043 (LC); (2024) 45 ILJ 2734 (LC) (29 July 2024)
The Labour Court held that five AMCU members were dismissed for union membership and recruitment, making the dismissals automatically unfair. Reinstatement was ordered.
SACCAWU obo Dlamini v Commission for Conciliation, Mediation and Arbitration and Others (JR2281/21) [2024] ZALCJHB 240 (21 June 2024)
The Labour Court dismissed the third respondent’s application for leave to appeal, finding no reasonable prospects of success or other compelling reason to hear the appeal.
Oudtshoorn Local Municipality v TW Tytya (C290/2021) [2024] ZALCCT 23 (6 June 2024)
The Labour Court set aside a six-month backpay limit on retrospective reinstatement, holding the arbitrator conflated reinstatement with compensation.
Chetty and Another v Nirvan Bhudai Properties (Pty) Ltd t/a Rawson Kyalami and Another (A3062/2022) [2023] ZAGPJHC 973 (28 August 2023)
High Court appeal over eviction and ownership of property sold by a deregistered close corporation; appeal dismissed and eviction confirmed.
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