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South Africa decisions
Decisions matching the current search
Solidarity obo Keyter and Others v Domans NO and Others (JS553/24) [2025] ZALCJHB 221 (13 June 2025)
The Labour Court held that section 133 of the Companies Act is not a jurisdictional bar, but it suspends unfair dismissal proceedings while business rescue continues.
Havemann v Secequip (Pty) Ltd (JA91/2014) [2016] ZALAC 53 (22 November 2016)
The Labour Appeal Court held that Havemann’s dismissal was not automatically unfair, but was substantively unfair because meaningful consultation and reasonable alternatives were not properly considered.
Munro v Pride Milling (Pty) Ltd (D277/14) [2016] ZALCD 4 (25 February 2016)
The Labour Court dismissed Barry Munro’s unfair dismissal claim, finding he had resigned after initially opting to relocate rather than being retrenched.
Naidoo v MB Technologies (Pty) Ltd and Others (JS 565/08) [2011] ZALCJHB 164 (26 August 2011)
The Labour Court found Naidoo’s retrenchment unfair, held the consultation process inadequate, and awarded six months’ compensation plus R18,600 bonus.
Society for Family Health v Maotlhodi and Others (JR 1128/ 03) [2007] ZALC 132 (5 February 2007)
The Labour Court reviewed and set aside a CCMA award on the basis that the CCMA lacked jurisdiction to arbitrate the retrenchment dispute at the time.
Society for Family Health v Maotlhodi and Others (JR1128/03) [2007] ZALCJHB 20 (5 February 2007)
The Labour Court reviewed and set aside a CCMA award after finding the CCMA lacked jurisdiction to arbitrate a retrenchment dispute at the time.
Strauss v Paracon SA (Pty) Limited (JS1241/01) [2003] ZALC 24 (28 February 2003)
The Labour Court found Ms Strauss’s dismissal automatically unfair after she was pressured out following a grievance and CCMA referral, and awarded compensation.
Maibelo and Another v Moreni Industrial Cleaning Service CC (JS204/02) [2003] ZALC 138 (5 February 2003)
The Labour Court found the applicants’ dismissals for operational requirements were procedurally and substantively unfair and ordered reinstatement with costs.
Herbst and Others v Fidelity Guards (J164/99) [2001] ZALC 84; (2001) 22 ILJ 1828 (LC) (7 June 2001)
The Labour Court held that the retrenchment notice terminated employment, the employer could not unilaterally revoke it, and the employees were entitled to severance pay.
Du Toit v Free State Consolidated Gold Mine (Operations) Ltd (J901/98) [2001] ZALC 64 (30 April 2001)
The Labour Court dismissed a retrenchment dismissal challenge, accepting that the employer complied with section 189 and that the applicant was unsuitable for shift work.
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