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South Africa decisions
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Gottlieb v Procure Genii (Pty) Ltd (D131/2022) [2025] ZALCD 22 (1 July 2025)
The Labour Court held that a CCMA settlement covered only severance pay, not all dismissal-related claims. The respondent’s res judicata/lis pendens point was dismissed.
Zwane v Nqatshana Holdings (Pty) Ltd (JS04/2025) [2025] ZALCJHB 220 (13 June 2025)
The Labour Court dismissed a special plea of res judicata, finding the applicant was not a party to the settlement agreement relied on by the respondent.
De Weijer v Babcock Africa Services (Pty) Ltd (JS195/21) [2025] ZALCJHB 193 (19 May 2025)
The Court found that the Defendant had a genuine operational rationale for retrenchment, precipitated by the COVID-19 pandemic and its severe impact on business operations. The Plaintiff's position was properly identified as redundant, and the functions previously performed by him were absorbed by other employees. No suitable alternative positions were available at the time, and bumping was not feasible as the Plaintiff lacked the necessary skills and experience for the positions identified. The consultation process was found to be procedurally fair, with the Defendant engaging in multiple me…
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Duverge v Spanish Farm Guest Lodge CC ta Sky Villa Boutique Hotel (C04/24; C252/2024) [2025] ZALCCT 24 (11 April 2025)
The Labour Court found Duverge’s retrenchment by Sky Villa was procedurally and substantively unfair and awarded eight months’ compensation plus unpaid statutory monies.
FAWU obo Members v Imperial Logistics (Pty) Ltd and Others (Application for Leave to Appeal) (JR62/20) [2024] ZALCJHB 465 (22 November 2024)
The Labour Court dismissed FAWU’s unopposed application for leave to appeal, finding no reasonable prospects of success and no other compelling reason.
Maqengu v Servest (Pty) Ltd (JS252/20) [2024] ZALCJHB 530 (5 November 2024)
The Labour Court held that a retrenchment dismissal was substantively and procedurally fair, and dismissed the referral with costs.
Nimfasha and Others v Bokwe Trading CC t/a Bokwes Security Services (C444/2021) [2024] ZALCCT 49; (2025) 46 ILJ 405 (LC) (4 November 2024)
The Labour Court held it lacked jurisdiction over severance pay and statutory payment claims by NMWA employees, directing the disputes to the CCMA.
Khanya Cleaning Group (Pty) Ltd v South African Transport & Allied Workers Union and Others (PR32/2023) [2024] ZALCPE 39; (2025) 46 ILJ 363 (LC) (2 October 2024)
The court found that the Commissioner committed a material error of law and misconstrued the nature of section 41(4) of the BCEA and relevant case law. The evidence established that the applicant actively assisted the affected employees in securing alternative employment with Supercare, arranging interviews, sharing contact details, and facilitating the process. The Commissioner incorrectly elevated the absence of a formal agreement between the applicant and Supercare to a decisive factor, disregarding the collaborative efforts and urgency shown by the applicant. The onus of proof for entitle…
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FAWU obo Members v Imperial Logistics (Pty) Ltd and Others (JR62/20) [2024] ZALCJHB 360 (3 September 2024)
The Labour Court dismissed FAWU’s review of a CCMA award on severance pay, holding the commissioner reasonably interpreted the collective agreements and no oral evidence was required.
Groom v Daimler Fleet Management SA (Pty) Ltd (JS166/16) [2024] ZALCJHB 296 (10 July 2024)
The Labour Court held that Mr Groom’s retrenchment was substantively unfair and ordered 12 months’ remuneration, severance per the s189 notice, and costs.
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