South Africa Case Law

East Rand Plastics (Proprietary) Limited v National Union of Metalworkers of South Africa obo Mabena (JR1400/22)

East Rand Plastics (Proprietary) Limited v National Union of Metalworkers of South Africa obo Mabena (JR1400/22) [2025] ZALCJHB 345 (8 August 2025)

Court

Labour Court Johannesburg

Case number

JR1400/22

Judge

Anestidis

Review of labour arbitration award involving alleged falsification of quality records. Court found the arbitrator misconceived the enquiry and upheld dismissal.

• Review Of Arbitration Award
• Substantive Fairness Of Dismissal
• Dishonesty In Employment
• Falsification Of Records
• Procedural Fairness
• Onus Of Proof

Transport and Retail Allied Workers Union and Others v Grinding Media South Africa (Pty) Ltd (JR2481/2022)

Transport and Retail Allied Workers Union and Others v Grinding Media South Africa (Pty) Ltd (JR2481/2022) [2025] ZALCJHB 340 (8 August 2025)

Court

Labour Court Johannesburg

Case number

JR2481/2022

Judge

Anestidis

The court found that the applicants failed to establish both a subjective and objectively reasonable expectation of renewal of their fixed-term contracts. The contracts expressly stated their limited duration and excluded any expectation of renewal. The repeated extensions and delays did not, in themselves, create a legitimate expectation of indefinite renewal, especially given the short duration of the contracts and the clear communication regarding their temporary nature. The applicants' own evidence did not support a genuine or reasonable expectation of renewal. The arbitration award was c…

Source excerpt

• Fixed Term Contracts
• Legitimate Expectation
• Unfair Dismissal
• Review Of Arbitration Award

Solomons v Commission for Conciliation Mediation and Arbitration (CCMA) (C401/2024)

Solomons v Commission for Conciliation Mediation and Arbitration (CCMA) (C401/2024) [2025] ZALCCT 62 (7 August 2025)

Court

Labour Court Cape Town

Case number

C401/2024

Judge

T Du Preez

The Labour Court dismissed a review of a CCMA arbitration award upholding a dismissal for dishonesty in recording incomplete cooler services as complete.

• Unfair Dismissal
• Dishonesty In Employment
• Review Of Arbitration Award
• Incentive Scheme Misconduct
• Labour-law
• Unfair-dismissal

Office of Chief Justice Republic of South Africa v General Public Service Sector Bargaining Council and Others

Office of Chief Justice Republic of South Africa v General Public Service Sector Bargaining Council and Others [2025] ZALCPE 15 (6 August 2025)

Court

Labour Court Port Elizabeth

Case number

PR228/23

Judge

de Kock

Labour Court review of an unfair labour practice award held that the employee had to disclose a pending criminal charge; the award was set aside.

• Unfair Labour Practice
• Duty Of Disclosure
• Review Of Arbitration Award
• Reasonableness Standard
• Appointment Procedure
• Unfair-labour-practice

South African Airways (SOC) Limited v Commission for Conciliation, Mediation and Arbitration and Others (JR2093/16)

South African Airways (SOC) Limited v Commission for Conciliation, Mediation and Arbitration and Others (JR2093/16) [2025] ZALCJHB 338 (1 August 2025)

Court

Labour Court Johannesburg

Case number

JR2093/16

Judge

Schensema

The Labour Court reviewed and set aside a CCMA arbitration award, finding the commissioner ignored material evidence and misconceived the enquiry.

• Unfair Dismissal
• Review Of Arbitration Award
• Procedural Fairness
• Substantive Fairness
• Jurisdiction Of Ccma
• Review-of-arbitration-award

Modiba v Clicks Retailers (Pty) Ltd and Others (JR986/23)

Modiba v Clicks Retailers (Pty) Ltd and Others (JR986/23) [2025] ZALCJHB 323 (31 July 2025)

Court

Labour Court Johannesburg

Case number

JR986/23

Judge

L Erasmus

The Labour Court reviewed and set aside a dismissal arbitration award after finding a commissioner relied on hearsay and speculation and blocked key witness evidence.

• Review Of Arbitration Award
• Condonation
• Substantive Fairness
• Hearsay Evidence
• Remittal
• Costs Order

Haman v Kempton Motor Group Trust t/a Pugeot Edenvale and Others (JR2143/15)

Haman v Kempton Motor Group Trust t/a Pugeot Edenvale and Others (JR2143/15) [2025] ZALCJHB 332 (30 July 2025)

Court

Labour Court Johannesburg

Case number

JR2143/15

Judge

Lennox

The Labour Court dismissed a review of an arbitration award, finding no record-based basis to fault the commissioner’s handling of representation, procedure, or the fairness findings.

• Review Of Arbitration Award
• Procedural Fairness
• Substantive Fairness
• Representation Rights
• Consistent Application Of Discipline
• Labour-law

Mabona v Exarro Ferroalloys (Pty) Ltd and Others (JR590/23)

Mabona v Exarro Ferroalloys (Pty) Ltd and Others (JR590/23) [2025] ZALCJHB 328 (30 July 2025)

Court

Labour Court Johannesburg

Case number

JR590/23

Judge

M Lennox

The Labour Court reviewed and set aside a CCMA arbitration award after finding the commissioner failed to properly manage evidence relevant to fairness and consistency.

• Review Of Arbitration Award
• Conflict Of Interest
• Procedural Fairness
• Inconsistency In Dismissal
• Labour-law
• Ccma-review

Department of Military Veterans v Public Service Association and Others (JR630/2023)

Department of Military Veterans v Public Service Association and Others (JR630/2023) [2025] ZALCJHB 333 (30 July 2025)

Court

Labour Court Johannesburg

Case number

JR630/2023

Judge

Prinsloo

The Labour Court granted condonation for a late review application, finding the delay inordinate but the prospects of success and interests of justice sufficient.

• Condonation
• Review Of Arbitration Award
• Default Award
• Unfair Labour Practice
• Promotion Dispute
• Labour-court-review

Gibela Rail Transport Consortium Rf Pty (Ltd) v NUMSA obo Dube and Others (JR1558/2022)

Gibela Rail Transport Consortium Rf Pty (Ltd) v NUMSA obo Dube and Others (JR1558/2022) [2025] ZALCJHB 301 (28 July 2025)

Court

Labour Court Johannesburg

Case number

JR1558/2022

Judge

Lagrange

The court found that the arbitrator erred in interpreting the disciplinary code as recommending a final written warning for unauthorized use of a company vehicle, when it actually prescribed dismissal. However, the court held that this error was not material enough to render the award unreasonable, as the evidence did not establish that the employment relationship was irreparably damaged or that dismissal was the only appropriate sanction. The arbitrator's failure to impose a final written warning was unjustified, but her finding that Dube was not guilty of providing false or misleading infor…

Source excerpt

• Unfair Dismissal
• Review Of Arbitration Award
• Disciplinary Code Interpretation
• Sanction Appropriateness
• Misconduct
• Final Written Warning