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Labour Law [2025] ZALCJHB 243

Mqikela v Pristo Response Trading (JS562/22)

Mqikela v Pristo Response Trading (JS562/22) [2025] ZALCJHB 243 (18 June 2025)

Court
Labour Court Johannesburg
Case number
JS562/22
Judge
M Makhura

The court found that the plaintiff's dismissal was not based on genuine operational requirements but was a direct response to her referral of an unfair labour practice dispute to the CCMA. The evidence showed that the retrenchment process was initiated within 24 hours of the referral, and the defendant's explanations regarding operational requirements and outsourcing were inconsistent and contradicted by documentary and oral evidence. The court applied the Afrox test and concluded that the dismissal would not have occurred but for the plaintiff's exercise of her statutory right. The referral…

Source excerpt

  • Automatically Unfair Dismissal
  • Section 187 1 D
  • Unfair Labour Practice
  • Compensation
  • Costs Of Suit
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Labour Law [2012] ZALCCT 22

De Klerk v Cape Union Mart International (Pty) Ltd (C 620/2011)

De Klerk v Cape Union Mart International (Pty) Ltd (C 620/2011) [2012] ZALCCT 22; (2012) 33 ILJ 2887 (LC) (12 June 2012)

Court
Labour Court Cape Town
Case number
C 620/2011
Judge
Steenkamp

The court held that the applicant cannot rely directly on section 23 of the Constitution for her claim, as the Labour Relations Act is the legislation enacted to give effect to that right and no constitutional challenge was made. The first exception, relating to direct constitutional reliance, was upheld. Regarding section 187(1)(d), the court found the reasoning in Mackay v ABSA persuasive, holding that a purposive interpretation of the LRA may allow an employee dismissed for lodging a grievance under internal procedures to pursue a claim for automatically unfair dismissal. The second except…

Source excerpt

  • Automatically Unfair Dismissal
  • Section 187 1 D
  • Constitutional Subsidiarity
  • Exception Procedure
  • Statement Of Claim Requirements
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Labour Law [2010] ZALCCT 11

Lesolo v Petro South Africa Ltd (C204/2009)

Lesolo v Petro South Africa Ltd (C204/2009) [2010] ZALCCT 11 (23 February 2010)

Court
Labour Court Cape Town
Case number
C204/2009
Judge
Cheadle

The court found that the applicant failed to demonstrate that his dismissal was automatically unfair under section 187(1)(c) or (d) of the Labour Relations Act. There was no evidence that the dismissal was intended to compel the applicant to accept the settlement agreement, nor was the dismissal conditional upon acceptance of any demand. The settlement offer had lapsed months before the dismissal, and the applicant himself confirmed that it was no longer open for acceptance at the time of the charges and dismissal. Furthermore, the actions for which the applicant claimed protection were not r…

Source excerpt

  • Automatic Unfair Dismissal
  • Section 187 1 C
  • Section 187 1 D
  • Section 5 1 Lra
  • Conditional Dismissal
  • Settlement Agreement
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Labour Law [1999] ZALC 116

Mackay v ABSA Group and Another (C 487/98)

Mackay v ABSA Group and Another (C 487/98) [1999] ZALC 116 (28 July 1999)

Court
Labour Court
Case number
C 487/98
Judge
Mlambo

The court found that the applicant's dismissal was not based on genuine operational requirements but was a direct consequence of his initiation of a grievance against management. The employer failed to make a genuine effort to find alternative employment for the applicant and did not consult him meaningfully regarding alternatives to dismissal. The court interpreted section 187(1)(d) purposively, holding that participation in a grievance procedure constitutes the exercise of a right protected by the Labour Relations Act. The dismissal was therefore automatically unfair. The employer also fail…

Source excerpt

  • Automatically Unfair Dismissal
  • Section 187 1 D
  • Grievance Procedure
  • Operational Requirements
  • Fair Labour Practices
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.