South Africa Case Law

Algoa Bus Company (Pty) Ltd v TASWU obo Mzawi and Others (PA05/23)

Algoa Bus Company (Pty) Ltd v TASWU obo Mzawi and Others (PA05/23) [2024] ZALAC 42; [2024] 12 BLLR 1224 (LAC); (2025) 46 ILJ 89 (LAC) (10 September 2024)

Court

Labour Appeal Court

Case number

PA05/23

Judges

Van Niekerk JA, Nkutha-Nkontwana JA, Jolwana AJA

The Labour Court erred in setting aside the arbitrator's award on the basis that the employer failed to lead specific evidence of breakdown in trust or suitability of dismissal. The arbitrator considered all relevant circumstances, including the seriousness of the misconduct, the employee's lack of remorse, and the potential consequences of her actions. The law does not require mechanistic evidence of breakdown in trust; rather, the arbitrator must make a value judgment based on the totality of the evidence. The arbitrator's decision to uphold dismissal was reasonable and supported by the fac…

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• Unfair Dismissal
• Disciplinary Code
• Sanction Of Dismissal
• Breakdown Of Trust
• Reviewable Irregularity

Imperial Retail Logistics (Pty) Ltd v Ceda NO and Others (JR 1343/2019)

Imperial Retail Logistics (Pty) Ltd v Ceda NO and Others (JR 1343/2019) [2023] ZALCJHB 244 (16 August 2023)

Court

Labour Court Johannesburg

Case number

JR 1343/2019

Judge

Van Niekerk

Labour Court review of an arbitration award on alleged truck damage and dismissal. The court set aside the award and held the dismissal fair.

• Reviewable Irregularity
• Unfair Dismissal
• Credibility Assessment
• Arbitration Award
• Remedy Substitution
• Labour-law

Makhonjwa v Director General of the Department of Justice and Constitutional Development and Others (JR 998/19)

Makhonjwa v Director General of the Department of Justice and Constitutional Development and Others (JR 998/19) [2023] ZALCJHB 90; (2023) 44 ILJ 1530 (LC) (21 April 2023)

Court

Labour Court Johannesburg

Case number

JR 998/19

Judge

Van Niekerk

The Labour Court dismissed an application to review the reinstatement of an employee, holding that the applicant failed to identify a review ground and was functus officio.

• Disciplinary Code And Procedure
• Functus Officio
• Reviewable Irregularity
• Section 158 1 H Lra
• Functus-officio
• Section-158-1-h-lra

Tshabalala v South Local Government Bargaining Council (JR786/2020)

Tshabalala v South Local Government Bargaining Council (JR786/2020) [2023] ZALCJHB 347 (3 February 2023)

Court

Labour Court Johannesburg

Case number

JR786/2020

Judge

Mabaso

The court found that the arbitrator failed to comply with the Bargaining Council's rules by not issuing a notice of set down for the rescission application, thereby depriving the applicant of a fair hearing and the opportunity to ventilate disputed facts. This constituted a reviewable irregularity and a violation of the audi alteram partem principle. The rescission ruling was set aside and the matter remitted to the Bargaining Council for a hearing de novo before a different senior commissioner.

Source excerpt

• Rescission Application
• Audi Alteram Partem
• Disciplinary Hearing
• Reviewable Irregularity

Kenoshi v Commissioner Matshaka and Others (JR 531/2019)

Kenoshi v Commissioner Matshaka and Others (JR 531/2019) [2022] ZALCJHB 233 (17 August 2022)

Court

Labour Court Johannesburg

Case number

JR 531/2019

Judge

Van Niekerk

The Labour Court dismissed a review of an arbitration award, holding that the applicant’s rank and salary were corrected because she lacked the required one-year post-basic qualification.

• Unfair Labour Practice
• Demotion
• Occupational Specific Dispensation
• Administrative Act
• Reviewable Irregularity
• Unfair-labour-practice

Malatji v The South African Local Government Bargaining Council and Others (JR 2816/2019)

Malatji v The South African Local Government Bargaining Council and Others (JR 2816/2019) [2022] ZALCJHB 206 (1 August 2022)

Court

Labour Court Johannesburg

Case number

JR 2816/2019

Judge

Van Niekerk

The Labour Court dismissed a review of an arbitration award upholding a dismissal for misconduct in a driver’s licence examination fraud case.

• Unfair Dismissal
• Reviewable Irregularity
• Credibility Of Witnesses
• Disciplinary Hearing
• Costs Award
• Labour-law

Gibb (Pty) Ltd v Passenger Rail Agency of South Africa and Another (35870/2021)

Gibb (Pty) Ltd v Passenger Rail Agency of South Africa and Another (35870/2021) [2021] ZAGPJHC 146 (26 August 2021)

Court

South Gauteng High Court, Johannesburg

Case number

35870/2021

Judge

S D J Wilson

The court found that Gibb had established a prima facie right to interim relief based on material irregularities in PRASA's evaluation of its bid, particularly regarding the assessment of reference letters and organisational experience. The court held that PRASA may have unlawfully fettered its discretion by focusing narrowly on the form of reference letters rather than the substance of Gibb's organisational experience, potentially contravening the Preferential Procurement Policy Framework Act, its Regulations, and section 217 of the Constitution. The court determined that Gibb reasonably app…

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• Interim Interdict
• Public Procurement
• Preferential Procurement Policy Framework Act
• Promotion Of Administrative Justice Act
• Separation Of Powers
• Reviewable Irregularity

AMCU obo Yengaphi v Christie (NO) and Others (C738/2017)

AMCU obo Yengaphi v Christie (NO) and Others (C738/2017) [2021] ZALCCT 49 (30 July 2021)

Court

Labour Court Cape Town

Case number

C738/2017

Judge

Lagrange

The Labour Court set aside an arbitration award after finding that refusal to postpone, when the employee’s union representative could not attend, denied a fair hearing.

• Postponement Of Arbitration
• Reviewable Irregularity
• Unfair Dismissal
• Condonation Of Late Filing
• Labour-law
• Arbitration-postponement

Loots and Others v Jacobs and Others (J929/20)

Loots and Others v Jacobs and Others (J929/20) [2020] ZALCJHB 275 (14 September 2020)

Court

Labour Court Johannesburg

Case number

J929/20

Judge

Van Niekerk

The court found that the commissioner failed to apply the correct test of necessity when issuing the subpoenas. The motivations provided by the employee were brief, unsubstantiated assertions that did not address why the evidence of the applicants was essential to resolving the dispute. The first and second applicants had no direct knowledge of the dismissal, and the motivations for the third and fourth applicants were similarly inadequate. The court held that issuing subpoenas prior to the commencement of arbitration, without proper motivation and in the absence of a pre-arbitration minute,…

Source excerpt

• Ccma Subpoena Powers
• Reviewable Irregularity
• Necessity Of Evidence
• Abuse Of Process

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