South Africa Case Law

Sun International Management Limited (t/a Wild Coast Sun) v Powell and Others (DA12/2023)

Sun International Management Limited (t/a Wild Coast Sun) v Powell and Others (DA12/2023) [2025] ZALAC 20; [2025] 6 BLLR 581 (LAC) (20 March 2025)

Court

Labour Appeal Court

Case number

DA12/2023

Judges

Van Niekerk, Waglay, Mooki

The Labour Appeal Court held that Mr Powell was an independent contractor, not an employee, so the CCMA lacked jurisdiction and the review succeeded.

• Employment Status
• Jurisdiction Of Ccma
• Unfair Dismissal
• Review Of Arbitration Award
• Section 186 Lra
• Employment-status

New Model Private College v Commission for Conciliation, Mediation and Arbitration and Others (JR1731/21)

New Model Private College v Commission for Conciliation, Mediation and Arbitration and Others (JR1731/21) [2025] ZALCJHB 94 (3 March 2025)

Court

Labour Court Johannesburg

Case number

JR1731/21

Judge

Myburgh

The Labour Court set aside a CCMA award on unfair suspension, holding that expired fixed-term contracts did not make the educators still employees.

• Unfair Suspension
• Fixed Term Contracts
• Reasonable Expectation Of Renewal
• Arbitration Review
• Section 186 Lra
• Unfair-suspension

City Of Tshwane Metropolitan Municipality v South African Local Government Bargaining Council and Others (JR 56/2022)

City Of Tshwane Metropolitan Municipality v South African Local Government Bargaining Council and Others (JR 56/2022) [2023] ZALCJHB 243 (16 August 2023)

Court

Labour Court Johannesburg

Case number

JR 56/2022

Judge

Van Niekerk

The Labour Court reviewed and set aside an arbitration award after finding the bargaining council lacked jurisdiction over a dispute about failure to appoint, not promotion.

• Unfair Labour Practice
• Promotion
• Jurisdiction Of Bargaining Council
• Section 186 Lra
• Unfair-labour-practice
• Jurisdiction

Mkhutshulwa v Department of Health, Eastern Cape and Others (PR 134/17)

Mkhutshulwa v Department of Health, Eastern Cape and Others (PR 134/17) [2023] ZALCPE 5; [2023] 8 BLLR 809 (LC) (4 April 2023)

Court

Labour Court Port Elizabeth

Case number

PR 134/17

Judge

Z Lallie

The Labour Court reviewed an arbitration award and held that the applicant was constructively dismissed, ordering compensation equal to 10 months’ remuneration.

• Unfair Constructive Dismissal
• Arbitration Review
• Compensation For Unfair Dismissal
• Section 145 Lra
• Section 186 Lra
• Constructive-dismissal

Shoprite Checkers (Pty) Ltd v Nkosi and Others (JR625/20)

Shoprite Checkers (Pty) Ltd v Nkosi and Others (JR625/20) [2022] ZALCJHB 4; [2022] 5 BLLR 469 (LC) (7 February 2022)

Court

Labour Court Johannesburg

Case number

JR625/20

Judge

P Nkutha-Nkontwana

The court found that Mr Nkosi failed to provide substantial and concrete evidence of intolerability as required for constructive dismissal. His grievances were either addressed or did not reach the threshold of intolerability. The Commissioner misconstrued the jurisdictional enquiry and incorrectly found that Mr Nkosi was dismissed. As a result, the arbitration award was reviewed and set aside, and substituted with an order that Mr Nkosi failed to prove dismissal under section 186(1)(e) of the LRA. The CCMA therefore lacked jurisdiction to entertain the dispute.

Source excerpt

• Constructive Dismissal
• Jurisdiction Of Ccma
• Review Of Arbitration Award
• Intolerability Threshold
• Section 186 Lra

Serrem v Commission for Conciliation, Mediation and Arbitration and Others (JR 1585/19)

Serrem v Commission for Conciliation, Mediation and Arbitration and Others (JR 1585/19) [2021] ZALCJHB 200 (29 July 2021)

Court

Labour Court Johannesburg

Case number

JR 1585/19

Judge

Manchu

The Labour Court dismissed a review of a CCMA award, holding that the applicant had not proved constructive dismissal and could have pursued an unfair labour practice claim.

• Constructive Dismissal
• Unfair Suspension
• Unfair Labour Practice
• Section 186 Lra
• Review Of Arbitration Award
• Constructive-dismissal

Mongatane v Momentum Group Ltd (JR2343/18)

Mongatane v Momentum Group Ltd (JR2343/18) [2019] ZALCJHB 334 (10 September 2019)

Court

Labour Court Johannesburg

Case number

JR2343/18

Judge

G. N. Moshoana

The Labour Court dismissed a review of an arbitration award, holding that the applicant resigned rather than being constructively dismissed under section 186(1)(e) of the LRA.

• Constructive Dismissal
• Section 186 Lra
• Review Of Arbitration Award
• Grievance Procedure
• Constructive-dismissal
• Review-of-arbitration-award

Solidarity obo Van Tonder v Armanents Corporation of South Africa (SOC) Limited and Others (JA76/2016)

Solidarity obo Van Tonder v Armanents Corporation of South Africa (SOC) Limited and Others (JA76/2016) [2019] ZALAC 55; [2019] 8 BLLR 782 (LAC); (2019) 40 ILJ 1539 (LAC) (8 March 2019)

Court

Labour Appeal Court

Case number

JA76/2016

Judges

Waglay, Murphy, Savage

The Labour Appeal Court held that the employee was not constructively dismissed and had resigned prematurely, so the CCMA lacked jurisdiction.

• Constructive Dismissal
• Jurisdiction Of Ccma
• Performance Management Disputes
• Grievance Procedure
• Section 186 Lra
• Intolerability Standard

Nowalaza and Others v Office of the Chief Justice and Another (J1177/2017)

Nowalaza and Others v Office of the Chief Justice and Another (J1177/2017) [2017] ZALCJHB 234 (15 June 2017)

Court

Labour Court Johannesburg

Case number

J1177/2017

Judge

Coetzee

The Labour Court held that repeated fixed-term renewals created a reasonable expectation of permanent employment, and granted interdictory relief against recruitment.

• Reasonable Expectation Of Permanent Employment
• Fixed Term Contracts
• Public Service Act Application
• Section 186 Lra
• Interdictory Relief
• Jurisdiction Of Labour Court

National Union of Mineworkers and Others v MCC Group of Companies (JS681/2010)

National Union of Mineworkers and Others v MCC Group of Companies (JS681/2010) [2015] ZALCJHB 358 (16 October 2015)

Court

Labour Court Johannesburg

Case number

JS681/2010

Judge

Tlhotlhalemaje

The Labour Court dismissed an unopposed application for leave to appeal after an unfair dismissal claim had been dismissed on stated case.

• Unfair Dismissal
• Leave To Appeal
• Section 186 Lra
• Labour-law
• Unfair-dismissal
• Leave-to-appeal