Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.
Results update automatically as you type.
South Africa decisions
Decisions matching the current search
SAMWU obo Moloisane v City of Tshwane Local Municipality and Others (JR 850/2019) [2025] ZALCJHB 215 (10 June 2025)
The Labour Court upheld compensation instead of reinstatement for dismissed community health workers, finding permanent reinstatement was not reasonably practicable.
Johannesburg Road Agency v Makhari (JA146/21) [2024] ZALAC 47 (16 October 2024)
The Labour Court was correct to review and set aside the CCMA arbitration award denying reinstatement to the employee. The commissioner misconceived the nature of the employment contract, which was for an indefinite period, and failed to apply the correct legal principles regarding reinstatement as the primary remedy for unfair dismissal under section 193 of the LRA. The freezing of the post did not constitute a valid bar to reinstatement, and none of the statutory exceptions applied. The incomplete record did not prejudice either party, and the Labour Court was entitled to proceed with the r…
Source excerpt
Jacobs v CCMA and Others (C811/19) [2024] ZALCCT 15; [2024] 5 BLLR 517 (LC); (2024) 45 ILJ 1009 (LC) (6 March 2024)
The Labour Court set aside a CCMA award that refused reinstatement after finding a dismissal substantively unfair, holding the refusal was unsupported by evidence.
Notisi v South African Police Service and Others (JA31/2022) [2023] ZALAC 33; [2024] 4 BLLR 380 (LAC); (2024) 45 ILJ 986 (LAC) (14 December 2023)
The Labour Appeal Court upheld Notisi’s appeal, finding his dismissal substantively unfair and ordering reinstatement because SAPS did not prove intolerability.
King Price Insurance Company Ltd v Vather and Others (JR 2055/2020) [2023] ZALCJHB 101 (17 April 2023)
Labour Court review of an arbitration award: dismissal for failure to report irregular payments was held fair, and the award was set aside.
Toyota SA Motors (Pty) Ltd v Commission For Conciliation, Mediation And Arbitration and Others (DA6/ 2021) [2023] ZALAC 5; (2023) 44 ILJ 1038 (LAC); [2023] 5 BLLR 385 (LAC) (14 February 2023)
The Labour Appeal Court held that reinstatement was not a competent remedy because the employee's fixed-term contract had expired prior to the arbitrator's finding of unfair dismissal. The arbitrator correctly awarded compensation limited to the balance of the contract, as reinstatement would have created a new contract not contemplated by the parties. The Labour Court erred in substituting reinstatement for compensation, as there was no evidence that the employee would have been offered permanent employment but for the disciplinary process, nor was there any legitimate expectation of renewal…
Source excerpt
Department of Home Affairs v General Public Service Sectoral Bargaining Council and Others (JR 1736/18) [2022] ZALCJHB 46 (4 March 2022)
The Labour Court dismissed a review of an award granting retrospective reinstatement after finding the employer failed to prove reinstatement was impracticable or intolerable.
Mandonsela and Others v South African Local Government Bargaining Council and Others (JR1754/18) [2020] ZALCJHB 45 (13 February 2020)
The court found that the arbitrator's award of three months' compensation was not just and equitable given the applicants' length of service and the circumstances of their dismissal. The court held that compensation equal to twelve months' remuneration was appropriate. Reinstatement was not reasonably practicable as the third respondent never intended to employ the applicants permanently and the work was of limited duration. Regarding the TES dispute, the court determined that the fourth respondent was not a temporary employment service provider and no tripartite relationship existed between…
Source excerpt
Mosiane v CCMA and Others (JR2468/16) [2019] ZALCJHB 164 (27 June 2019)
The Labour Court found that the commissioner committed a material error of law by denying the applicant reinstatement without cogent, evidence-based reasons. The factors relied upon—passage of time since dismissal, the applicant's subsequent employment, and suspicions regarding money received—were either irrelevant or unsupported by evidence. The court held that section 193(2)(b) of the LRA requires the employer to prove intolerability arising from circumstances surrounding the dismissal, which was not done. The default remedy of reinstatement should have been granted. The court exercised its…
Source excerpt
Transport and Allied Workers Union of South Africa obo Maphosa v South African Road Passenger Bargaining Council and Others (JR2738/13) [2019] ZALCJHB 112 (17 May 2019)
The court found that the applicant failed to demonstrate reasonable prospects of success on appeal. The condonation application was brought late, with a six-month delay, and the explanation for the delay was unconvincing. The arbitrator's decision to award compensation instead of reinstatement was justified by the breakdown of the trust relationship, and practical considerations were properly applied. The grounds for appeal amounted to a repetition of arguments already considered and rejected in the main judgment. The applicant did not show that the Labour Appeal Court would likely reach a di…
Source excerpt
Explore more
