South Africa Case Law

Jindal Mining South Africa (Pty) Ltd v Association of Mineworkers and Construction Workers Union obo Zwane and Others (JR2422/23)

Jindal Mining South Africa (Pty) Ltd v Association of Mineworkers and Construction Workers Union obo Zwane and Others (JR2422/23) [2025] ZALCJHB 229 (19 June 2025)

Court

Labour Court Johannesburg

Case number

JR2422/23

Judge

VG Mkwibiso

The court found that the CCMA had jurisdiction to arbitrate the dispute, as the real issue was the fairness of the dismissal for alleged poor performance, not discrimination based on union membership. The employer did not challenge the finding of no evidence of poor performance, making the dismissal substantively unfair. The Commissioner’s refusal to order reinstatement was unreasonable, as there was no evidence that reinstatement was impracticable or intolerable, and the employer’s claims of outsourcing were not substantiated at arbitration. Reinstatement is the primary remedy for substantiv…

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• Unfair Dismissal
• Reinstatement
• Compensation
• Ccma Jurisdiction
• Review Test
• Procedural Fairness

Mbuyane v Dekker NO and Others (JR1173/2020)

Mbuyane v Dekker NO and Others (JR1173/2020) [2025] ZALCJHB 224 (18 June 2025)

Court

Labour Court Johannesburg

Case number

JR1173/2020

Judge

R Lagrange

The Labour Court dismissed a review of a dismissal for dishonest misrepresentation of cash balances, finding the arbitrator’s result was reasonably open on the evidence.

• Dishonest Misrepresentation
• Unfair Dismissal
• Review Test
• Procedural Fairness
• Labour-review
• Dismissal-for-dishonesty

Nthuli v General Public Service Sector Bargaining Council and Others (JR1825/22)

Nthuli v General Public Service Sector Bargaining Council and Others (JR1825/22) [2025] ZALCJHB 151 (25 April 2025)

Court

Labour Court Johannesburg

Case number

JR1825/22

Judge

Phakedi

The court held that the arbitrator was correct in refusing condonation for the late referral of the unfair labour practice dispute. The applicant failed to provide a satisfactory and comprehensive explanation for the delay, particularly for the period between 2010 and 2016. The court found that waiting for internal grievance procedures to be exhausted is not a valid reason for non-compliance with statutory time limits under the LRA. The arbitrator's consideration of the Department's late answering affidavit did not affect the fairness of the proceedings, as the condonation application would h…

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• Condonation
• Unfair Labour Practice
• Review Test
• Promotion Of Administrative Justice Act
• Jurisdictional Issue

Department of Correctional Services v Kutu and Others (JA27/2024)

Department of Correctional Services v Kutu and Others (JA27/2024) [2025] ZALAC 17; [2025] 6 BLLR 551 (LAC); (2025) 46 ILJ 1331 (LAC) (14 March 2025)

Court

Labour Appeal Court

Case number

JA27/2024

Judges

Savage AJP, Nkutha-Nkontwana JA, Sutherland AJA

The Labour Appeal Court upheld dismissal for insubordination after a correctional officer refused to escort an inmate to hospital, and dismissed a cross-appeal.

• Insubordination
• Unfair Dismissal
• Disciplinary Procedure
• Review Test
• Condonation Of Non Compliance
• Dismissal

Njobe v Commission for Conciliation, Mediation and Arbitration and Others (JR1199/21)

Njobe v Commission for Conciliation, Mediation and Arbitration and Others (JR1199/21) [2025] ZALCJHB 81 (26 February 2025)

Court

Labour Court Johannesburg

Case number

JR1199/21

Judge

Tlhotlhalemaje

The court found that the Commissioner’s decision was reasonable and justified. The applicant’s misconduct, given his position and responsibilities in a high-risk environment, constituted gross negligence. The applicant had previously been warned and counselled for similar offences, and progressive discipline had failed to correct his behaviour. The Commissioner correctly distinguished the applicant’s case from his colleague’s based on disciplinary history, and the claim of inconsistent application of discipline was not supported by comparable facts. The Commissioner evaluated the evidence, co…

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• Unfair Dismissal
• Gross Negligence
• Progressive Discipline
• Inconsistent Application Of Discipline
• Review Test
• Arbitration Award

Springs Car Wholesalers t/a No Finance Cars (Pty) Ltd v Rangolo and Others (JR1238/23)

Springs Car Wholesalers t/a No Finance Cars (Pty) Ltd v Rangolo and Others (JR1238/23) [2025] ZALCJHB 41 (27 January 2025)

Court

Labour Court Johannesburg

Case number

JR1238/23

Judge

F Venter

Labour Court review partly succeeded: the dismissal finding stood, but the compensation award was reduced from 12 to 5 months.

• Unfair Dismissal
• Review Test
• Compensation Award
• Circumstantial Evidence
• Practice Manual Compliance
• Unfair-dismissal

Jacobs v CCMA and Others (C811/19)

Jacobs v CCMA and Others (C811/19) [2024] ZALCCT 15; [2024] 5 BLLR 517 (LC); (2024) 45 ILJ 1009 (LC) (6 March 2024)

Court

Labour Court Cape Town

Case number

C811/19

Judge

Whitcher

The Labour Court set aside a CCMA award that refused reinstatement after finding a dismissal substantively unfair, holding the refusal was unsupported by evidence.

• Reinstatement
• Substantive Unfairness
• Section 193 Lra
• Review Test
• Remedies For Unfair Dismissal
• Unfair-dismissal

Sibanye Gold Protection Service v Commission for Conciliation, Mediation and Arbitration and Others (JR2476/19)

Sibanye Gold Protection Service v Commission for Conciliation, Mediation and Arbitration and Others (JR2476/19) [2023] ZALCJHB 258 (12 September 2023)

Court

Labour Court Johannesburg

Case number

JR2476/19

Judge

P Nkutha-Nkontwana

The court held that the Commissioner’s award was reasonable and unassailable, as the evidence did not establish that Mr Groenewald disclosed company information or acted with ill intent. The information shared was not proven to be confidential or proprietary to Sibanye, and Mr Groenewald acted in his capacity as a neighbourhood watch member, not as an employee. The Commissioner properly considered the totality of the evidence and did not misconceive the nature of the enquiry. The procedural delays were condoned as the explanations were reasonable and no prejudice was caused. The review applic…

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• Unfair Dismissal
• Review Test
• Condonation
• Code Of Ethics
• Arbitration Award
• Disciplinary Procedure

Kelatwang v Commission for Conciliation, Mediation And Arbitration and Others (JR 639 / 20)

Kelatwang v Commission for Conciliation, Mediation And Arbitration and Others (JR 639 / 20) [2023] ZALCJHB 158 (24 May 2023)

Court

Labour Court Johannesburg

Case number

JR 639 / 20

Judge

S Snyman

Review of a CCMA award upholding a retrenchment dismissed. The court found the dismissal substantively and procedurally fair and no reviewable irregularity.

• Retrenchment
• Operational Requirements
• Section 189 Consultation
• Review Test
• Procedural Fairness
• Substantive Fairness

BBD Management Services (Pty) Ltd v Zwane N.O and Others (JR1855/20)

BBD Management Services (Pty) Ltd v Zwane N.O and Others (JR1855/20) [2023] ZALCJHB 7 (13 January 2023)

Court

Labour Court Johannesburg

Case number

JR1855/20

Judge

Swartz

Review of a CCMA award in an incapacity dismissal case. The Labour Court found the dismissal’s unfairness finding reasonable and dismissed the review with costs.

• Unfair Dismissal
• Incapacity Due To Ill Health
• Code Of Good Practice
• Review Test
• Compensation For Unfair Dismissal
• Incapacity-dismissal