South Africa Case Law

Letsemeng Local Municipality v South African Local Government Bargaining Council (SALGBC) and Others (C390/2021)

Letsemeng Local Municipality v South African Local Government Bargaining Council (SALGBC) and Others (C390/2021) [2025] ZALCCT 60 (21 July 2025)

Court

Labour Court Cape Town

Case number

C390/2021

Judge

C May

The Labour Court dismissed a review of an arbitration award reinstating a dismissed employee, holding the commissioner’s approach and findings were reasonable on the evidence.

• Review Of Arbitration Award
• Gross Irregularity
• Substantive Unfair Dismissal
• Commissioner Duties
• Onus Of Proof
• Review-of-arbitration-award

Mafete v Commission for Conciliation, Mediation and Arbitration and Others (JR1479/21)

Mafete v Commission for Conciliation, Mediation and Arbitration and Others (JR1479/21) [2024] ZALCJHB 418 (17 October 2024)

Court

Labour Court Johannesburg

Case number

JR1479/21

Judge

S.B. Nhlapo

The Labour Court held that a customs official’s limited use of force was justified under section 4(10) of the Customs and Excise Act, set aside the award, and found the dismissal substantively unfair.

• Substantive Unfair Dismissal
• Customs And Excise Act
• Use Of Force By Customs Officials
• Condonation For Late Filing
• Arbitration Review
• Reinstatement

San Parks v Hospersa obo Nkwinika and Others (JR812/22)

San Parks v Hospersa obo Nkwinika and Others (JR812/22) [2024] ZALCJHB 279 (12 July 2024)

Court

Labour Court Johannesburg

Case number

JR812/22

Judge

Nxumalo

The Labour Court refused condonation for SANParks’ late review and supplementary affidavit, finding the delays unexplained and prospects of success weak.

• Condonation
• Review Of Arbitration Award
• Substantive Unfair Dismissal
• Prospects Of Success
• Delay Explanation
• Labour-review

AMCU obo Tlhaganyane v Beesnaar N.O and Others (JR 2970/19)

AMCU obo Tlhaganyane v Beesnaar N.O and Others (JR 2970/19) [2023] ZALCJHB 201; (2023) 44 ILJ 2210 (LC) (6 July 2023)

Court

Labour Court Johannesburg

Case number

JR 2970/19

Judge

Sethene

The Labour Court reviewed an award upholding a dismissal for dishonesty and misrepresentation, finding the arbitrator ignored material evidence and reinstating the employee.

• Review Of Arbitration Award
• Substantive Unfair Dismissal
• Misrepresentation
• Dishonesty
• Burden Of Proof
• Reinstatement

Samancor Chrome Ltd (Western Chrome Mines) v Willemse and Others (JR312/2020)

Samancor Chrome Ltd (Western Chrome Mines) v Willemse and Others (JR312/2020) [2023] ZALCJHB 150; (2023) 44 ILJ 2013 (LC) (29 May 2023)

Court

Labour Court Johannesburg

Case number

JR 312/2020

Judge

Van Niekerk

The Labour Court dismissed a review of an arbitration award, holding that the commissioner reasonably found the employer had not proved misconduct from the alcohol tests.

• Substantive Unfair Dismissal
• Zero Tolerance Policy
• Balance Of Probabilities
• Review Of Arbitration Award
• Labour-law
• Dismissal

Kimberley Ekapa Mining Joint Venture v Setlhodi and Others (C634/2019)

Kimberley Ekapa Mining Joint Venture v Setlhodi and Others (C634/2019) [2021] ZALCCT 89 (19 November 2021)

Court

Labour Court Cape Town

Case number

C634/2019

Judge

BN Conradie

The Labour Court reviewed and set aside a CCMA award after finding the commissioner may have discouraged the employee from testifying, undermining procedural fairness.

• Arbitration Review
• Commissioner Misconduct
• Procedural Fairness
• Substantive Unfair Dismissal
• Labour-law
• Ccma-review

MEC Department of Education, Free State Provincial Government v Motloung and Others (JR234/15)

MEC Department of Education, Free State Provincial Government v Motloung and Others (JR234/15) [2016] ZALCJHB 430 (18 November 2016)

Court

Labour Court Johannesburg

Case number

JR234/15

Judge

Rabkin-Naicker

The Labour Court dismissed a review of an arbitration award that found an educator’s dismissal substantively unfair and ordered reinstatement.

• Substantive Unfair Dismissal
• Inconsistency In Discipline
• Breach Of Trust
• Employment Of Educators Act
• Arbitration Review
• Labour-law

Marula Platinum (Pty) Ltd v Ockert and Others (JR207/12)

Marula Platinum (Pty) Ltd v Ockert and Others (JR207/12) [2013] ZALCJHB 79 (23 May 2013)

Court

Labour Court Johannesburg

Case number

JR207/12

Judge

Gaibie

The Labour Court dismissed a review of a dismissal arbitration award, holding that the employer failed to prove gross dishonesty and that the award was reasonable.

• Substantive Unfair Dismissal
• Review Of Arbitration Award
• Evidentiary Onus
• Dishonesty
• Arbitration Procedure
• Labour-law

Mohlakoana v Commission for Conciliation Mediation And Arbitration and Another (JR284/09)

Mohlakoana v Commission for Conciliation Mediation And Arbitration and Another (JR284/09) [2010] ZALCJHB 69 (13 April 2010)

Court

Labour Court Johannesburg

Case number

JR 284/09

Judge

Lagrange

The court found that the commissioner failed to provide any reasons for awarding two months' compensation for a substantively unfair dismissal. The absence of reasoning or justification for the remedy granted, coupled with the inability to discern the rationale from the findings on procedural and substantive unfairness, constituted a failure to exercise judicial discretion. The commissioner’s omission amounted to misconduct under section 145(2)(a) of the LRA. The court held that, in such circumstances, the award is reviewable and should be set aside. The matter was remitted to the commissione…

Source excerpt

• Compensation Award
• Substantive Unfair Dismissal
• Procedural Unfairness
• Judicial Discretion
• Remittal For Reconsideration

Astral Operations Ltd v Bestel and Others (JR1502/05)

Astral Operations Ltd v Bestel and Others (JR1502/05) [2007] ZALCJHB 12 (30 November 2007)

Court

Labour Court Johannesburg

Case number

JR1502/05

Judge

Pillay D

The court found that the commissioner failed to properly consider material evidence and misdirected himself in his findings. Bradley's inference from Bestel's instructions to 'find' a positive result was reasonable given the insistence despite the absence of such a report. Contradictions in Bestel's evidence regarding his awareness of the falsification were material and should have alerted the commissioner. The evidence supported a motive for falsifying the report to benefit Meadowfeeds. The commissioner unjustifiably preferred an innocent explanation for Bestel's failure to insist on discipl…

Source excerpt

• Substantive Unfair Dismissal
• Review Of Arbitration Award
• Dishonesty In Employment
• Gross Negligence