South Africa Case Law

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

Menke v Mashigo and Others (Reasons) (JR2802/21)

Menke v Mashigo and Others (Reasons) (JR2802/21) [2025] ZALCJHB 278 (24 June 2025)

Court

Labour Court Johannesburg

Case number

JR2802/21

Judge

M T M Phehane

The Labour Court dismissed a review of an unfair dismissal award, finding Shoprite had withdrawn the revised cash-handling policy before the misconduct occurred.

• Unfair Dismissal
• Disciplinary Policy Interpretation
• Review Of Arbitration Award
• Sanction Appropriateness
• Labour-law
• Unfair-dismissal

Association of Mineworkers and Construction Union (AMCU) obo Mafokane v Commission for Conciliation, Mediation and Arbitration and Others (JR 2285/21)

Association of Mineworkers and Construction Union (AMCU) obo Mafokane v Commission for Conciliation, Mediation and Arbitration and Others (JR 2285/21) [2025] ZALCJHB 149 (5 April 2025)

Court

Labour Court Johannesburg

Case number

JR 2285/21

Judge

Tlhotlhalemaje

Labour Court dismissed a review of an unfair dismissal award after finding the commissioner reasonably upheld dismissal for misconduct involving an alleged assault.

• Unfair Dismissal
• Review Of Arbitration Award
• Procedural Fairness
• Substantive Fairness
• Misconduct Assault
• Sanction Appropriateness

Tshikomba v South African Local Government Bargaining Council and Others (JR1186/24)

Tshikomba v South African Local Government Bargaining Council and Others (JR1186/24) [2024] ZALCJHB 412 (23 October 2024)

Court

Labour Court Johannesburg

Case number

JR1186/24

Judge

N.S. Musiker

The Court found that the Applicant had abandoned the consistency argument during arbitration and did not place the issue in dispute. The Commissioner was not required to raise consistency mero motu. The evidence regarding the appropriateness of the sanction was before the Commissioner, and the Applicant had the opportunity to present further personal circumstances but failed to do so. The Commissioner expressly considered the seriousness of the offences and the appropriateness of dismissal as a sanction. The review application was based on bald and unsupported allegations, and no reasonable d…

Source excerpt

• Unfair Dismissal
• Consistency Of Discipline
• Arbitration Review
• Sanction Appropriateness

Mbeje and Others v Department of Health Kwazulu-Natal and Others (DA33/2022)

Mbeje and Others v Department of Health Kwazulu-Natal and Others (DA33/2022) [2024] ZALAC 38; [2024] 11 BLLR 1111 (LAC); 2024) 45 ILJ 2681 (LAC) (22 August 2024)

Court

Labour Appeal Court

Case number

DA33/2022

Judges

Van Niekerk, Nkutha-Nkontwana, Govindjee

The Labour Appeal Court held that the pre-arbitration minute bound the parties to the sanction issue only and dismissed the appeal against the review outcome.

• Unprotected Strike
• Dismissal For Misconduct
• Pre Arbitration Minute
• Sanction Appropriateness
• Disciplinary Code Application
• Pre-arbitration-minute

Booysendal Platinum Proprietary Limited v Commission for Conciliation, Mediation (JR2326/21)

Booysendal Platinum Proprietary Limited v Commission for Conciliation, Mediation (JR2326/21) [2024] ZALCJHB 259 (11 July 2024)

Court

Labour Court Johannesburg

Case number

JR2326/21

Judge

R.T. Maddern

Labour Court review of an arbitration award about a mine overseer’s dismissal for alleged dishonesty. The award was set aside and the dispute remitted.

• Unfair Dismissal
• Review Of Arbitration Award
• Substantive Fairness
• Dereliction Of Duty
• Sanction Appropriateness
• Unfair-dismissal

NUMSA obo Mapomav v Videx Mining Products (Pty) Ltd (JR2341-19)

NUMSA obo Mapomav v Videx Mining Products (Pty) Ltd (JR2341-19) [2024] ZALCJHB 75 (21 February 2024)

Court

Labour Court Johannesburg

Case number

JR2341-19

Judge

N Makopo

Labour Court review dismissed after finding no inconsistency in discipline and that dismissal was substantively fair for workplace assault.

• Substantive Fairness Of Dismissal
• Workplace Assault
• Disciplinary Inconsistency
• Evidentiary Burden
• Sanction Appropriateness
• Labour-law

Crest Chemicals (Pty) Ltd v Pete and Others (JR2737/16)

Crest Chemicals (Pty) Ltd v Pete and Others (JR2737/16) [2023] ZALCJHB 255 (8 September 2023)

Court

Labour Court Johannesburg

Case number

JR2737/16

Judge

Nkutha-Nkontwana

The Labour Court dismissed a review of an arbitration award, holding that Mr Pete’s insubordination was not shown to be wilful or serious enough to justify dismissal.

• Unfair Dismissal
• Insubordination
• Arbitration Review
• Sanction Appropriateness
• Unfair-dismissal
• Labour-court-review

Association of Mineworkers and Construction Workers Union obo Maeyane v Mello NO and Others (JR101/19)

Association of Mineworkers and Construction Workers Union obo Maeyane v Mello NO and Others (JR101/19) [2023] ZALCJHB 138 (2 May 2023)

Court

Labour Court Johannesburg

Case number

JR101/19

Judge

M Makhura

The Labour Court dismissed a review of an arbitration award upholding dismissal for gross insubordination after the employee repeatedly refused a lawful instruction.

• Unfair Dismissal
• Gross Insubordination
• Procedural Fairness
• Sanction Appropriateness
• Duty Of Care
• Labour-law

Unilever South Africa (PTY) Ltd v NASA Workers obo Ndwambi (JR 1093/20)

Unilever South Africa (PTY) Ltd v NASA Workers obo Ndwambi (JR 1093/20) [2022] ZALCJHB 196 (26 July 2022)

Court

Labour Court Johannesburg

Case number

JR 1093/20

Judge

G N Moshoana

Labour Court review application upheld after the CCMA award was found unreasonable; the employee’s dismissal for gross insubordination was held substantively fair.

• Unfair Dismissal
• Insubordination
• Arbitration Review
• Sanction Appropriateness
• Labour-law
• Unfair-dismissal