South Africa Case Law

Office of the Premier Free State Province v Lesiu Others (C126/2023)

Office of the Premier Free State Province v Lesiu Others (C126/2023) [2025] ZALCCT 63 (5 August 2025)

Court

Labour Court Cape Town

Case number

C126/2023

Judge

C May

The Court found that the explanation for the delay in prosecuting the review application was reasonable and covered the entire period, as the Applicant was awaiting cooperation from the First Respondent's attorney to reconstruct the lost record. The late filing of the confirmatory affidavit by the First Respondent's attorney constituted an irregular step, as it was filed out of sequence and without condonation. The First Respondent failed to provide a reasonable explanation for the late filing of his answering affidavit, and thus condonation was refused. The Applicant demonstrated good cause…

Source excerpt

• Condonation
• Reinstatement Of Review
• Irregular Step
• Practice Manual Compliance
• Record Reconstruction
• Substantive Fairness

South African Airways (SOC) Limited v Commission for Conciliation, Mediation and Arbitration and Others (JR2093/16)

South African Airways (SOC) Limited v Commission for Conciliation, Mediation and Arbitration and Others (JR2093/16) [2025] ZALCJHB 338 (1 August 2025)

Court

Labour Court Johannesburg

Case number

JR2093/16

Judge

Schensema

The Labour Court reviewed and set aside a CCMA arbitration award, finding the commissioner ignored material evidence and misconceived the enquiry.

• Unfair Dismissal
• Review Of Arbitration Award
• Procedural Fairness
• Substantive Fairness
• Jurisdiction Of Ccma
• Review-of-arbitration-award

Modiba v Clicks Retailers (Pty) Ltd and Others (JR986/23)

Modiba v Clicks Retailers (Pty) Ltd and Others (JR986/23) [2025] ZALCJHB 323 (31 July 2025)

Court

Labour Court Johannesburg

Case number

JR986/23

Judge

L Erasmus

The Labour Court reviewed and set aside a dismissal arbitration award after finding a commissioner relied on hearsay and speculation and blocked key witness evidence.

• Review Of Arbitration Award
• Condonation
• Substantive Fairness
• Hearsay Evidence
• Remittal
• Costs Order

Haman v Kempton Motor Group Trust t/a Pugeot Edenvale and Others (JR2143/15)

Haman v Kempton Motor Group Trust t/a Pugeot Edenvale and Others (JR2143/15) [2025] ZALCJHB 332 (30 July 2025)

Court

Labour Court Johannesburg

Case number

JR2143/15

Judge

Lennox

The Labour Court dismissed a review of an arbitration award, finding no record-based basis to fault the commissioner’s handling of representation, procedure, or the fairness findings.

• Review Of Arbitration Award
• Procedural Fairness
• Substantive Fairness
• Representation Rights
• Consistent Application Of Discipline
• Labour-law

Idwala Holdings (Pty) Ltd v National Union of Mineworkers and Others (JR1633/21)

Idwala Holdings (Pty) Ltd v National Union of Mineworkers and Others (JR1633/21) [2025] ZALCJHB 307 (15 July 2025)

Court

Labour Court Johannesburg

Case number

JR1633/21

Judge

Schensema

The Labour Court set aside a CCMA award and held that the employee’s dismissal was procedurally and substantively fair after a review for unreasonableness.

• Unfair Dismissal
• Review Of Arbitration Award
• Procedural Fairness
• Substantive Fairness
• Incitement
• Gross Insolence

Chill Beverages International (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (C160/2024)

Chill Beverages International (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (C160/2024) [2025] ZALCJHB 298 (14 July 2025)

Court

Labour Court Johannesburg

Case number

C160/2024

Judge

Venter

The Labour Court upheld an award finding dismissal unfair after a worker failed a breathalyser test but showed no impairment and unknowingly consumed alcohol in cough mixture.

• Dismissal For Alcohol Policy Violation
• Zero Tolerance Policy
• Substantive Fairness
• Proportionality Of Dismissal
• Review Of Arbitration Award
• Occupational Health And Safety

Bombela Operating Company (Pty) LtdTD v Commission for Conciliation, Mediation and Arbitration and Others (JR 589/2021)

Bombela Operating Company (Pty) LtdTD v Commission for Conciliation, Mediation and Arbitration and Others (JR 589/2021) [2025] ZALCJHB 297 (11 July 2025)

Court

Labour Court Johannesburg

Case number

JR 589/2021

Judge

R Lagrange

The Labour Court reinstated Bombela’s review and set aside an unfair-suspension award, holding the precautionary suspension was fair under Long v SAB.

• Unfair Labour Practice
• Precautionary Suspension
• Procedural Fairness
• Substantive Fairness
• Disciplinary Code
• Collective Agreement

National Union of Mineworkers obo Lekwa v Commission for Conciliation, Mediation and Arbitration (C518/22)

National Union of Mineworkers obo Lekwa v Commission for Conciliation, Mediation and Arbitration (C518/22) [2025] ZALCCT 42 (3 July 2025)

Court

Labour Court Cape Town

Case number

C518/22

Judge

A Oosthuizen

The Labour Court dismissed a review of a CCMA award upholding a dismissal for gross negligence and failure to secure a safe workplace.

• Unfair Dismissal
• Procedural Fairness
• Substantive Fairness
• Safety Audit
• Breakdown Of Employment Relationship
• Labour-law

National Union of Metalworkers of South Africa and Others v Chabo and Joubert Air Conditioning (Pty) Ltd (JS432/20)

National Union of Metalworkers of South Africa and Others v Chabo and Joubert Air Conditioning (Pty) Ltd (JS432/20) [2025] ZALCJHB 255 (26 June 2025)

Court

Labour Court Johannesburg

Case number

JS432/20

Judge

M Makhura

The Labour Court found a retrenchment substantively unfair for lack of meaningful consultation, rational basis, and fair selection criteria. Reinstatement and compensation were ordered.

• Retrenchment
• Section 189a Consultation
• Selection Criteria
• Substantive Fairness
• Compensation And Reinstatement
• Remedies For Unfair Dismissal

Makau v Commission for Conciliation, Mediation and Arbitration and Others (JR1503/22)

Makau v Commission for Conciliation, Mediation and Arbitration and Others (JR1503/22) [2025] ZALCJHB 235 (17 June 2025)

Court

Labour Court Johannesburg

Case number

JR1503/22

Judge

M Makhura

The Labour Court set aside a CCMA award, found Makau’s dismissal substantively unfair, and ordered retrospective reinstatement with backpay.

• Unfair Dismissal
• Arbitration Review
• Disciplinary Code
• Procedural Fairness
• Substantive Fairness
• Onus Of Proof