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South Africa decisions
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Kruger v University of South Africa (JS 207/19) [2025] ZALCJHB 242 (20 June 2025)
The Labour Court held that Kruger’s employment ended lawfully at the agreed retirement age of 65, so his automatic unfair dismissal claim failed.
Ngobeni v Bidvest Protea Coin (JS439/22) [2025] ZALCJHB 203 (27 March 2025)
The court found that the automatic termination clause in the applicant's employment contract was designed to limit the applicant's right to challenge the fairness of his termination and to avoid the operational requirements consultation process mandated by the Labour Relations Act. The clause allowed a third party, not privy to the employment relationship, to trigger termination, which is not a true fixed term event but an operational risk. The respondent failed to discharge the burden of proving that the clause did not impermissibly limit the right against unfair dismissal. Consequently, the…
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Nutrichem (Pty) Ltd v Southern African Clothing and Textile Workers Union and Another (JA47/2023) [2025] ZALAC 13 (26 February 2025)
The Labour Appeal Court found that the dismissals were automatically unfair under section 187(1)(d) of the Labour Relations Act. The evidence demonstrated that the true reason for dismissal was the employees' union membership and participation in union activities, particularly following the letter of 20 May 2019, rather than operational requirements. The appellant failed to consult the union properly, did not apply fair or objective selection criteria, and increased the number of retrenched employees to include all union members. The Court rejected the appellant's jurisdictional challenge, no…
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Malepe and Others v Mega Volt Loden Electrical (Pty) Ltd (JA42/23) [2025] ZALAC 6 (4 February 2025)
The Labour Appeal Court found that the Labour Court failed to exercise its discretion judicially in dismissing the condonation application. The Labour Court did not properly engage with the explanation for the delay, which was largely attributable to procedural confusion and contradictory rulings at the CCMA, nor did it evaluate the appellants' prospects of success or the interests of justice. The delay was not due to inactivity or negligence by the appellants but was compounded by the actions of the CCMA, NBCEI, and legal representatives. The Court held that the interests of justice, includi…
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Joseph v Altron Managed Solutions Limited (JS 682/22) [2025] ZALCJHB 10 (22 January 2025)
The Labour Court dismissed a dismissal dispute after finding the parties had reached a binding settlement by email before trial, with no costs order.
Slabbert v Muji Motor Group (Pty) Ltd (D315/21) [2024] ZALCD 30; (2024) 45 ILJ 2817 (LC) (16 September 2024)
The court found that there was no agreed retirement age between the applicant and the respondent or its predecessor. The respondent failed to prove that the industry norm of 65 years applied to the applicant's position, as he was not a member of the relevant provident funds nor obliged to join them, and no evidence was presented that employees in similar capacities retire at 65. The most proximate cause of the applicant's dismissal was his age, not the transfer of business. The respondent was not entitled to impose retirement based on industry agreements that did not bind the applicant. Accor…
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Mavundla v Frame Leisure Trading (Pty) Ltd (JS230/20) [2024] ZALCJHB 342; (2024) 45 ILJ 2756 (LC) (2 September 2024)
The Labour Court held that Mavundla’s dismissal was automatically unfair because race was the true reason, and awarded 24 months’ compensation.
AMCU obo Maluleke and Others v Gold Plat Recovery (Pty) Ltd (JS202/21) [2024] ZALCJHB 289; [2024] 10 BLLR 1043 (LC); (2024) 45 ILJ 2734 (LC) (29 July 2024)
The Labour Court held that five AMCU members were dismissed for union membership and recruitment, making the dismissals automatically unfair. Reinstatement was ordered.
Mathekga and Others v Bidvest Prestige Cleaning Services and Another (JS541/19) [2024] ZALCJHB 265 (9 July 2024)
The Labour Court refused condonation for a late amended statement of claim, finding the delay unexplained, the prospects weak, and no basis for jurisdiction.
National Union of Mineworkers obo Members v Doornfontein Mining (Pty) Ltd (JS995/21) [2023] ZALCJHB 283 (4 October 2023)
The Labour Court dismissed a special plea, holding the union’s claim pleaded enough facts to support an automatically unfair dismissal case under the LRA.
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