South Africa Case Law

Lufafa Hatchery (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (JR2709/22)

Lufafa Hatchery (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (JR2709/22) [2025] ZALCJHB 194 (21 May 2025)

Court

Labour Court Johannesburg

Case number

JR2709/22

Judge

Daniels

The court found that the commissioner’s arbitration award was unreasonable and materially distorted by errors in fact and law. The refusal to grant a postponement denied the applicant a fair hearing and constituted a reviewable irregularity. The commissioner failed to properly assess the credibility of the third respondent, who was unrepentant and lacked remorse for serious misconduct, including divisive and disrespectful behaviour towards management and escalation of union tensions. The evidence overwhelmingly supported the applicant’s version, and the trust relationship was irreparably dama…

Source excerpt

• Unfair Dismissal
• Review Of Arbitration Award
• Misconduct
• Shop Steward Rights
• Reasonableness Test

CWU obo Lekota v Telkom SA SOC Ltd (JS214/21)

CWU obo Lekota v Telkom SA SOC Ltd (JS214/21) [2021] ZALCJHB 413 (25 October 2021)

Court

Labour Court Johannesburg

Case number

JS214/21

Judge

F. Coetzee

The Labour Court dismissed condonation for a late referral, finding the delay inordinate and the explanation unreasonable, with limited prospects of success.

• Condonation
• Late Referral
• Unfair Labour Practice
• Disciplinary Action
• Shop Steward Rights
• Labour-court

Securitas Specialised Services (Pty) Ltd v Kabelane (JS165/17)

Securitas Specialised Services (Pty) Ltd v Kabelane (JS165/17) [2019] ZALCJHB 143 (12 June 2019)

Court

Labour Court Johannesburg

Case number

JS165/17

Judge

Mahosi

The Labour Court dismissed Securitas’s application for leave to appeal, finding no reasonable prospects of success and making no order as to costs.

• Automatic Unfair Dismissal
• Shop Steward Rights
• Jurisdiction Of Labour Court
• Leave To Appeal
• Prospects Of Success
• Leave-to-appeal

Mashaba v Telkom South Africa (JR375/12)

Mashaba v Telkom South Africa (JR375/12) [2018] ZALCJHB 3; (2018) 39 ILJ 1067 (LC) (11 January 2018)

Court

Labour Court Johannesburg

Case number

JR375/12

Judge

Nkutha-Nkontwana

The court found that the applicant was dismissed primarily for exercising his trade union duties by distributing the dossier to CWU and COSATU officials, following an instruction from the union's provincial secretary. The evidence established that the dossier had become a CWU organisational document prior to its distribution by the applicant, and the recipients were within union structures. The manner of distribution did not amount to bad faith or remove the activity from the scope of protected union functions. The dominant reason for dismissal was the applicant's union activity, rendering th…

Source excerpt

• Automatically Unfair Dismissal
• Trade Union Activities
• Section 187 Lra
• Shop Steward Rights
• Protected Disclosure
• Retrospective Reinstatement

Toyota Boshuku (Pty) Ltd v NUMSA and Others (D293/09)

Toyota Boshuku (Pty) Ltd v NUMSA and Others (D293/09) [2011] ZALCD 32 (25 May 2011)

Court

Labour Court Durban

Case number

D293/09

Judge

Lagrange

Labour Court review of an arbitration award in a dismissal dispute over shop-steward conduct, workstation absence and alleged insubordination.

• Unfair Dismissal
• Gross Insubordination
• Disciplinary Procedure
• Arbitration Review
• Shop Steward Rights
• Arbitration-review

Consul Speciality Glass A Division of Consul Ltd v National Bargaining Council for the Cleaning Industry and Others (JR777/2006)

Consul Speciality Glass A Division of Consul Ltd v National Bargaining Council for the Cleaning Industry and Others (JR777/2006) [2007] ZALCJHB 30 (8 November 2007)

Court

Labour Court Johannesburg

Case number

JR777/2006

Judge

Cele AJ

Review of an arbitration award over a dispute about alleged dishonesty by a shop steward and the fairness of his dismissal.

• Review Of Arbitration Award
• Procedural Fairness
• Substantive Fairness
• Dishonesty In Dismissal
• Shop Steward Rights
• Labour-law

Consul Speciality Glass a Division of Consul Limited v National Bargaining Council for the Cleaning Industry and Others (JR 777/2006)

Consul Speciality Glass a Division of Consul Limited v National Bargaining Council for the Cleaning Industry and Others (JR 777/2006) [2007] ZALC 80 (8 November 2007)

Court

Labour Court

Case number

JR 777/2006

Judge

Cele AJ

The Labour Court reviewed and set aside an arbitration award, holding that Mr Makhaza’s dismissal for dishonesty was procedurally and substantively fair.

• Review Of Arbitration Award
• Procedural Fairness
• Substantive Fairness
• Misconduct
• Dishonesty
• Shop Steward Rights