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South Africa decisions
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AECI Industrial Chemicals, A Division of AECI Limited v Lelaka and Others (JR1258/21) [2025] ZALCJHB 53 (31 January 2025)
The Labour Court dismissed a review of an arbitration award reinstating an employee after dismissal for gross misconduct, finding the sanction too harsh.
South African Breweries (Pty) Ltd v Commission For Conciliation, Mediation and Arbitration and Others (JR1584/21) [2024] ZALCJHB 383; (2025) 46 ILJ 184 (LC) (4 October 2024)
The Labour Court set aside a CCMA award and held that SAB’s dismissal of an employee who drove drunk and misled the employer was fair.
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)
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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POPCRU on behalf of Mfundisi v Department of Transport and Public Works and Others (C30/2021) [2022] ZALCCT 44 (26 July 2022)
The court found that the arbitrator did not commit misconduct or exceed his powers in upholding the dismissal of Mfundisi. The arbitrator correctly assessed the evidence and concluded that Mfundisi was guilty of serious misconduct for assaulting two members of the public without justification, acting outside the scope of his employment as a traffic officer. The reference to 'unprofessional conduct' was contextual and did not amount to a finding on an uncharged offence. The applicant failed to establish inconsistency in the application of sanctions, as no comparable cases were proven. The sanc…
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Cape Gate (PTY) Ltd v Mokgara and Others (JA 11/21) [2022] ZALAC 92; (2022) 43 ILJ 1277 (LAC); [2022] 8 BLLR 683 (LAC) (29 April 2022)
The Labour Appeal Court held that employees misled union members about a provident fund transfer and upheld their dismissals as fair, setting aside the review award.
Ngcobo v Commission for Conciliation, Mediation & Arbitration and Others (JR 1693/2019) [2022] ZALCJHB 48 (14 March 2022)
The court found that the applicant failed to establish reasonable prospects of success on appeal. The evidence demonstrated that the alleged comparator, Mr Sooklall, was not subject to disciplinary proceedings due to his resignation, and other employees were differently circumstanced. The commissioner exercised proper discretion in determining the sanction, considering all relevant factors, including the applicant's admission of guilt and the significant financial loss suffered by the employer. The decision was not so unreasonable as to warrant intervention. Therefore, leave to appeal was ref…
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Lewis Stores (PTY) Ltd v Naidoo and Others (JA 56/20) [2022] ZALAC 90; (2022) 43 ILJ 1098 (LAC) (18 January 2022)
The Labour Appeal Court reinstated and upheld Lewis Stores’ appeal, finding the Labour Court had wrongly set aside a CCMA award and that dismissal was fair.
Western Cape Education Department v Baatjies and Others (CA9/2020) [2022] ZALAC 89; [2022] 6 BLLR 537 (LAC); (2022) 43 ILJ 1353 (LAC) (12 January 2022)
The Labour Appeal Court held that the arbitrator's decision to uphold the dismissal of the respondent was reasonable and justified by the cumulative seriousness of the misconduct, which included assaults on a learner and his elderly grandmother. The respondent's lack of remorse, failure to take responsibility, and inability to demonstrate genuine rehabilitation weighed against mitigation based on his long service and clean record. The statutory prohibition on corporal punishment and the constitutional principle of the best interests of the child further supported the appropriateness of dismis…
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Nampak Products (Pty) Ltd t/a Megapak v Commissioner for Conciliation, Mediation & Arbitration and Others (C 512/2018) [2021] ZALCCT 99 (24 June 2021)
The Labour Court held that the CCMA commissioner was required to consider the totality of circumstances when assessing the fairness of a dismissal. The commissioner must weigh the importance of the breached rule, the harm caused, the employee's length of service, and the possibility of rehabilitation. In this case, the commissioner failed to properly apply these principles and did not adequately consider all relevant factors. As a result, the arbitration award was unreasonable and fell to be reviewed and set aside. The matter was remitted to the CCMA for reconsideration by a different commiss…
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Bidair Services (Pty) Ltd v Sekhabisa NO and Others (JR174317) [2019] ZALCJHB 328 (26 November 2019)
The Labour Court reviewed and set aside a CCMA award, finding the arbitrator unreasonably ignored key safety evidence and wrongly treated dismissal as unfair.
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