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South Africa decisions
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Lombard v Commission for Conciliation, Mediation and Arbitration (C610/2022) [2025] ZALCCT 45 (7 July 2025)
Review dismissed: the Labour Court upheld a CCMA award finding Lombard’s dismissal for sexual harassment substantively fair.
Mining Qualifications Authority v Commission for Conciliation, Mediation and Arbitration and Others (2025/032846) [2025] ZALCJHB 120 (27 March 2025)
The court found that the applicant had established the requirements for an interim interdict. The applicant demonstrated a prima facie right to challenge the CCMA's jurisdiction, as the condonation and rescission rulings were subject to review and the applicant was deprived of an opportunity to be heard. The court accepted that irreparable harm would result if arbitration proceeded before the review was finalised, as a successful review would render the arbitration process and any award nugatory, causing wasted resources and prejudice. The balance of convenience favoured the applicant, as sta…
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Shabangu v Commission for Conciliation, Mediation and Arbitration and Others (JR2023/19) [2025] ZALCJHB 125 (27 February 2025)
The Labour Court upheld a CCMA award finding that the applicant’s dismissal for sexual harassment was substantively fair and dismissed the review.
Association of Mineworkers obo Bakang v Tshipi Ntle Manganese Mining (Pty) Ltd (JR1045/21) [2025] ZALCJHB 30 (24 January 2025)
Labour Court dismissed a review of a CCMA award upholding dismissal for sexual harassment, finding the commissioner’s credibility findings and reasoning reasonable.
Sambogo and Another v Alfa Laval SA (Pty) Ltd (2024/031166) [2025] ZAEQC 2 (2 January 2025)
The Equality Court held that workplace discrimination and retaliation complaints were more appropriately dealt with by the Labour Court and removed the matter.
S.M v Specti Vision Trading CC (JS334/2021) [2024] ZALCJHB 506; [2025] 3 BLLR 291 (LC); (2025) 46 ILJ 1188 (LC) (17 December 2024)
The applicant failed to present a credible, probable, or reliable version of sexual harassment. The respondent took reasonable steps by suspending and disciplining the accused employees, and the applicant ultimately conceded that disciplinary action and apologies occurred. The evidence did not support a finding of unfair discrimination or liability under section 60 of the EEA. The main, dominant, and proximate reason for the applicant's dismissal was misconduct, not the exercise of rights or referral to the CCMA. The applicant did not discharge the evidential burden to establish an automatica…
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B.A.B v Pixley Ka Seme District Municipality (C742/2021) [2024] ZALCCT 60 (5 December 2024)
The court found that while the applicant's explanation for the delay in filing the statement of case was weak and lacked detail, it was not wholly absent. The seriousness of the allegations of sexual harassment and discrimination, the importance of the matter, and the interests of justice justified granting condonation despite the long delay and inadequate explanation. The respondent's arguments regarding lack of liability and prejudice were considered but did not outweigh the need for the matter to be heard, especially given the acknowledgment of the incident and the constitutional values at…
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Payne v Department of Transport Public Works (Western Cape Provincial Government) and Others (C22/2024) [2024] ZALCCT 32 (24 July 2024)
Labour Court held a CCMA review in an EEA sexual-harassment dispute was properly reviewable under the LRA, but dismissed the challenge to the condonation ruling.
Magcaba v Transnet Rail Engineering and Others (D209/2022) [2024] ZALCD 23 (15 July 2024)
The Labour Court granted condonation for a late review, but dismissed the review of an arbitration award finding sexual harassment and recommending dismissal.
Pretorius v Tausteel (Pty) Ltd and Another (J777/23) [2024] ZALCJHB 32 (5 February 2024)
The Labour Court granted condonation for a 21-day late Statement of Claim, finding the delay not excessive, the explanation reasonable, and prospects of success present.
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