South Africa Case Law

East Rand Plastics (Proprietary) Limited v National Union of Metalworkers of South Africa obo Mabena (JR1400/22)

East Rand Plastics (Proprietary) Limited v National Union of Metalworkers of South Africa obo Mabena (JR1400/22) [2025] ZALCJHB 345 (8 August 2025)

Court

Labour Court Johannesburg

Case number

JR1400/22

Judge

Anestidis

Review of labour arbitration award involving alleged falsification of quality records. Court found the arbitrator misconceived the enquiry and upheld dismissal.

• Review Of Arbitration Award
• Substantive Fairness Of Dismissal
• Dishonesty In Employment
• Falsification Of Records
• Procedural Fairness
• Onus Of Proof

Sylvania Metals (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (JR849/22)

Sylvania Metals (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (JR849/22) [2025] ZALCJHB 77 (24 February 2025)

Court

Labour Court Johannesburg

Case number

JR849/22

Judge

R. Itzkin

The court found that the Commissioner’s award was unsustainable on the evidence. The probabilities strongly supported a finding that Mr Mogapi solicited a bribe from Mr Maluleke, as corroborated by Mr Gomane. The Commissioner’s reliance on Mr Mogapi’s portfolio and the fact that the project was not tendered did not exclude the possibility of solicitation. The absence of any motive for the witnesses to falsely implicate Mr Mogapi and the corroboration of their evidence weighed heavily in favour of the applicant. The court held that the Commissioner’s decision fell outside the band of reasonabl…

Source excerpt

• Review Of Arbitration Award
• Substantive Fairness Of Dismissal
• Solicitation Of Bribe
• Administrative Action
• Remittal Vs Substitution

South African Police Services v Safety and Security Sectoral Bargaining Council and Others (C543/2022)

South African Police Services v Safety and Security Sectoral Bargaining Council and Others (C543/2022) [2025] ZALCCT 12 (24 February 2025)

Court

Labour Court Cape Town

Case number

C543/2022

Judge

Lagrange

The Labour Court reviewed an arbitration award and held that the employee’s dismissal for misconduct was substantively fair.

• Substantive Fairness Of Dismissal
• Misconduct
• Trust Relationship
• Disciplinary Regulations
• Condonation
• Labour-law

Bidvest Steiner (Pty) Ltd v Commission for Conciliation, Mediation & Arbitration and Others (J1849/2022)

Bidvest Steiner (Pty) Ltd v Commission for Conciliation, Mediation & Arbitration and Others (J1849/2022) [2024] ZALCJHB 483 (21 November 2024)

Court

Labour Court Johannesburg

Case number

J1849/2022

Judge

R Lagrange

The Labour Court reviewed and set aside an arbitration award, holding that the employee’s dismissal for gross negligence was substantively fair.

• Substantive Fairness Of Dismissal
• Inconsistency In Discipline
• Gross Negligence
• Code Of Good Practice Dismissal
• Escalation Of Operational Issues
• Substantive-fairness-of-dismissal

Bidvest Steiner (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (JR1849/2022)

Bidvest Steiner (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (JR1849/2022) [2024] ZAGPJHC 1188 (21 October 2024)

Court

South Gauteng High Court, Johannesburg

Case number

JR1849/2022

Judge

R Lagrange

The Labour Court reviewed and set aside an arbitration award, holding that the employee’s dismissal for gross negligence was substantively fair.

• Substantive Fairness Of Dismissal
• Inconsistency In Discipline
• Gross Negligence
• Code Of Good Practice Dismissal
• Escalation Of Operational Issues
• Labour-law

South African Municipal Workers Union obo Moabi and Others v South African Local Government Bargaining Council and Others (JR857/21)

South African Municipal Workers Union obo Moabi and Others v South African Local Government Bargaining Council and Others (JR857/21) [2024] ZALCJHB 397 (30 September 2024)

Court

Labour Court Johannesburg

Case number

JR857/21

Judge

Ramji

The Court found that the Commissioner’s decision was not so unreasonable that no reasonable decision-maker could have reached it. The Commissioner’s assessment of the evidence, including the credibility and consistency of the Omars’ testimonies and the officers’ conduct, was reasonable. Minor inconsistencies in witness testimony did not render the Omars’ version unreliable. The negative inference drawn from the officers’ failure to provide written statements was an error, but it was only one factor among several considered and did not render the outcome unreasonable. The sanction of dismissal…

Source excerpt

• Substantive Fairness Of Dismissal
• Team Misconduct
• Review Of Arbitration Award
• Condonation Of Late Filing
• Incomplete Record
• Credibility Of Witnesses

Mabule v Commission for Conciliation, Mediation and Arbitration and Others (JR1615/21)

Mabule v Commission for Conciliation, Mediation and Arbitration and Others (JR1615/21) [2024] ZALCJHB 365; [2024] 12 BLLR 1294 (LC) (13 September 2024)

Court

Labour Court Johannesburg

Case number

JR1615/21

Judge

S Maluleke

The Labour Court set aside an arbitration award after finding the commissioner failed to properly consider admitting hearsay evidence from an internal disciplinary transcript.

• Admission Of Hearsay Evidence
• Review Of Arbitration Award
• Substantive Fairness Of Dismissal
• Remittal For De Novo Hearing
• Labour-law
• Ccma-review

Daniels and Others v Voltes (Pty) Ltd (PS37/2019)

Daniels and Others v Voltes (Pty) Ltd (PS37/2019) [2024] ZALCPE 38 (9 September 2024)

Court

Labour Court Port Elizabeth

Case number

PS37/2019

Judge

Matyolo

The Labour Court held that the applicants’ dismissal for refusing to pull Waco-R stock was substantively fair because their conduct amounted to an unprotected strike.

• Unprotected Strike
• Substantive Fairness Of Dismissal
• Protected Strike Requirements
• Refusal To Obey Instruction
• Unprotected-strike
• Dismissal-fairness

Northwest Transport Investments (Soc) Ltd v Motha and Another (JR2530/21)

Northwest Transport Investments (Soc) Ltd v Motha and Another (JR2530/21) [2024] ZALCJHB 314 (23 July 2024)

Court

Labour Court Johannesburg

Case number

JR2530/21

Judge

Makhura

The application was dismissed on the basis that the applicant's representative failed to establish that he was authorised by the company's board to institute the review proceedings. The onus was on the applicant to show proper authorisation, which was not discharged despite ample opportunity. The authority to depose to an affidavit is distinct from the authority to institute proceedings, and the applicant conflated these concepts. Even if the authority point were decided in favour of the applicant, the review application would fail on the merits, as the evidence did not support the charges ag…

Source excerpt

• Review Of Arbitration Award
• Authority To Institute Proceedings
• Locus Standi
• Condonation
• Substantive Fairness Of Dismissal

National Union of Mineworkers and Others v Aveng Moolmans (Pty) Ltd (JS923/17; C85/17)

National Union of Mineworkers and Others v Aveng Moolmans (Pty) Ltd (JS923/17; C85/17) [2024] ZALCJHB 519 (2 July 2024)

Court

Labour Court Johannesburg

Case number

JS923/17; C85/17

Judge

M T M Phehane

Labour Court upheld dismissals for participation in an unprotected strike after finding clear ultimata were issued and ignored.

• Unprotected Strike
• Substantive Fairness Of Dismissal
• Ultimatum Requirements
• Inconsistent Discipline
• Appeal Procedure
• Trust Breakdown