South Africa Case Law

National Union of Metalworkers of South Africa obo Motloung and Others v Polyoak Packaging (Pty) Ltd Metal and Engineering Industries and Others (DA02/23)

National Union of Metalworkers of South Africa obo Motloung and Others v Polyoak Packaging (Pty) Ltd Metal and Engineering Industries and Others (DA02/23) [2024] ZALAC 66; [2025] 3 BLLR 227 (LAC); (2025) 46 ILJ 552 (LAC) (17 December 2024)

Court

Labour Appeal Court

Case number

DA02/23

Judges

Savage ADJP, Van Niekerk JA, Jolwana AJA

The Labour Appeal Court found that the arbitrator's factual findings regarding the participation of the six reinstated employees and Motloung in the barricade were unsupported by the evidence, as both video and viva voce evidence established active involvement in strike-related misconduct. The arbitrator's distinction between groups of employees was arbitrary and motivated by sympathy rather than rational assessment of the evidence. The Labour Court was correct to substitute the arbitrator's award and declare the dismissals of these employees substantively and procedurally fair. In respect of…

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• Unfair Dismissal
• Strike Misconduct
• Remedies For Unfair Dismissal
• Review Of Arbitration Award
• Compensation
• Reinstatement

National Union of Public Service and Allied Workers obo Lutendo v Commission for Conciliation, Mediation, and Arbitration (JR2086/20)

National Union of Public Service and Allied Workers obo Lutendo v Commission for Conciliation, Mediation, and Arbitration (JR2086/20) [2024] ZALCJHB 116 (13 March 2024)

Court

Labour Court Johannesburg

Case number

JR2086/20

Judge

Norton

The Labour Court dismissed NUPSAW’s application for leave to appeal after finding no reasonable prospect of success or compelling reason under section 17(1).

• Unfair Dismissal
• Parity Principle
• Common Purpose
• Leave To Appeal Standard
• Strike Misconduct
• Leave-to-appeal

Thobela and Others v Apollo Bricks (Pty) Ltd (JA 34/2019)

Thobela and Others v Apollo Bricks (Pty) Ltd (JA 34/2019) [2021] ZALAC 26; [2021] 8 BLLR 787 (LAC); (2021) 42 ILJ 1940 (LAC) (31 May 2021)

Court

Labour Appeal Court

Case number

JA 34/2019

Judges

Davis, Murphy, Savage

The Labour Appeal Court found that the arbitrator's award upholding the dismissals was reasonable and supported by the evidence. The appellants failed to prove that the alleged provocation justified their conduct or that any of the dismissed employees were not involved in the misconduct. The evidence, including video and photographs, established the participation of the appellants in violent and obstructive acts, and no material evidence was ignored by the arbitrator. The procedural fairness challenge regarding union representation was addressed by legal argument and did not warrant overturni…

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• Strike Misconduct
• Common Purpose
• Procedural Fairness
• Substantive Fairness
• Costs Award

Pailpac (Pty) Ltd v De Beer N.O and Others (DA 12/2018)

Pailpac (Pty) Ltd v De Beer N.O and Others (DA 12/2018) [2021] ZALAC 3; (2021) 42 ILJ 1038 (LAC); [2021] 6 BLLR 570 (LAC) (1 March 2021)

Court

Labour Appeal Court

Case number

DA 12/2018

Judges

Phatsoane, Kathree-Setiloane, Savage

Labour Appeal Court held that strikers knew or should have known the no-weapons rules and upheld dismissal for carrying sticks and similar items during the strike.

• Strike Misconduct
• Dismissal For Misconduct
• Disciplinary Code
• Picketing Policy
• Substantive Fairness
• Knowledge Of Workplace Rules

Pailprint (Pty) Ltd v Lyster N.O and Others (DA18/2017)

Pailprint (Pty) Ltd v Lyster N.O and Others (DA18/2017) [2019] ZALAC 43; (2019) 40 ILJ 2047 (LAC); [2019] 10 BLLR 1139 (LAC) (13 June 2019)

Court

Labour Appeal Court

Case number

DA18/2017

Judges

Musi JA, Murphy, Savage AJA

The Labour Appeal Court upheld an appeal over strike misconduct, finding employees breached a picketing rule by carrying weapons and that dismissal was fair.

• Strike Misconduct
• Unfair Dismissal
• Disciplinary Code
• Review Of Arbitration Award
• Picketing Rules
• Strike-misconduct

National Union of Mineworkers obo Kupa and Others v Commission for Conciliation, Mediation and Arbitration and Others (JR241/2016)

National Union of Mineworkers obo Kupa and Others v Commission for Conciliation, Mediation and Arbitration and Others (JR241/2016) [2019] ZALCJHB 38 (5 March 2019)

Court

Labour Court Johannesburg

Case number

JR241/2016

Judge

Tlhotlhalemaje

Review of an unfair dismissal arbitration award dismissed; the Labour Court found the commissioner reasonably accepted evidence that workers violently assaulted colleagues during a strike.

• Unfair Dismissal
• Strike Misconduct
• Condonation
• Procedural Fairness
• Substantive Fairness
• Unfair-dismissal

Tropic Plastics and Packaging Industry (Pty) Ltd v National Union of Metal Workers of South Africa (NUMSA) and Others (D02-17)

Tropic Plastics and Packaging Industry (Pty) Ltd v National Union of Metal Workers of South Africa (NUMSA) and Others (D02-17) [2018] ZALCD 6 (29 June 2018)

Court

Labour Court Durban

Case number

D02-17

Judge

Whitcher

Labour Court dismissed a review of an arbitration award reinstating striking employees, finding the commissioner’s decision reasonable on the evidence.

• Strike Misconduct
• Picketing Rules
• Derivative Misconduct
• Review Of Arbitration Award
• Unfair Dismissal
• Labour-law

Bidvest Food Services (Pty) Ltd v CCMA and Others (JR696/15)

Bidvest Food Services (Pty) Ltd v CCMA and Others (JR696/15) [2017] ZALCJHB 210 (31 May 2017)

Court

Labour Court Johannesburg

Case number

JR696/15

Judge

Whitcher

The court found that the Commissioner failed to properly assess the evidence, particularly the clear and consistent testimony of Benge regarding intimidation and the contradictory, vague evidence of the respondents. The respondents did not adequately rebut the allegations, nor did they call relevant witnesses to support their version. The disciplinary hearing was found to be procedurally fair, as the respondents were given an opportunity to respond to the charges but chose not to attend due to the strike. The Commissioner’s findings of substantive and procedural unfairness were unreasonable a…

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• Unfair Dismissal
• Strike Misconduct
• Procedural Fairness
• Substantive Fairness
• Intimidation
• Arbitration Review

Continental Conveyors and Systems (Pty) Ltd v NUMSA obo Malaza and Others (JR2225/12)

Continental Conveyors and Systems (Pty) Ltd v NUMSA obo Malaza and Others (JR2225/12) [2016] ZALCJHB 397 (14 October 2016)

Court

Labour Court Johannesburg

Case number

JR2225/12

Judge

Bekker

Labour Court reviewed and set aside an award finding unfair dismissal, holding the employees’ dismissals were substantively fair after strike-related misconduct.

• Unfair Dismissal
• Strike Misconduct
• Review Of Arbitration Award
• Disciplinary Inconsistency
• Unfair-dismissal
• Strike-misconduct

NEHAWU obo Tholakele v Harms NO and Others (JR1652/13)

NEHAWU obo Tholakele v Harms NO and Others (JR1652/13) [2016] ZALCJHB 198 (25 May 2016)

Court

Labour Court Johannesburg

Case number

JR1652/13

Judge

Lagrange

Labour Court review of a dismissal for indecent exposure during strike action, with the Court finding the dismissal substantively unfair and ordering reinstatement.

• Unfair Dismissal
• Collective Agreements
• Strike Misconduct
• Disciplinary Sanctions
• Unfair-dismissal
• Strike-misconduct