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South Africa decisions
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Department of Infrastructure Development v KAWU obo Delihlazo and Others (JR331/22) [2025] ZALCJHB 316 (30 June 2025)
The Labour Court granted review, condonation and revival, and substituted an award with a finding that the employee’s dismissal was fair.
Rand Mutual Assurance Company v Charles (A5045/2022) [2024] ZAGPJHC 1076 (22 October 2024)
The court found that section 91(1) of COIDA does not impose an absolute bar to condonation for late objections, and that the full court correctly exercised its discretion to condone the delay, considering the respondent's prompt action and the diversion to arbitration. The notice of appeal was sufficiently broad to invoke section 91(5)(a)(iii), empowering the full court to substitute its decision for that of the tribunal. The court held that the full court properly interpreted section 51 of COIDA and relied on the correct proxy for compensation, namely the salary of a recently qualified secti…
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Rand Mutual Assurance Company Limited v Gore (A5045/2022) [2024] ZAGPJHC 1093 (22 October 2024)
The court held that section 91(1) of COIDA does not impose an absolute time bar and allows for condonation of late objections, in line with constitutional principles protecting access to courts. The delay in lodging the objection was substantially caused by RMA's suggestion to pursue arbitration, and Gore acted diligently throughout. The full court was entitled to substitute its decision for that of the tribunal under section 91(5)(a)(iii), as the notice of appeal encompassed the relevant subsections and the relief sought was clear. The compensation calculation was based on the best available…
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Association of Mineworkers and Construction Union obo Dube v Commission for Conciliation, Mediation and Arbitration and Others (JR 1436 / 2020) [2022] ZALCJHB 156 (14 June 2022)
The Labour Court granted review, set aside the arbitration award, and found Mr Dube’s dismissal substantively unfair, ordering retrospective reinstatement.
Akhalwayas Spice Products v Commission For Conciliation Mediation and Arbitration and Others (JR 15/2021) [2022] ZALCJHB 121 (19 May 2022)
The Labour Court reviewed and set aside a CCMA award, finding the commissioner’s factual conclusions unreasonable and substituting a finding that the dismissals were fair.
Imperial Retail Logistics (Pty) Ltd t/a TFD Network Africa v Phala and Others (JR 2110/2015) [2022] ZALCJHB 49 (8 March 2022)
The Labour Court reviewed and set aside an arbitration award reinstating employees dismissed for alleged stock theft, finding the arbitrator misread the evidence.
National Union of Metalworkers of South Africa v Commission for Conciliation, Mediation and Arbitration and Others (CCT 49/20) [2021] ZACC 47; [2022] 3 BLLR 209 (CC); (2022) 43 ILJ 530 (CC); 2022 (7) BCLR 813 (CC) (10 December 2021)
The Constitutional Court held that the Labour Court has the power to substitute its own decision for that of a CCMA commissioner in demarcation disputes under section 145(4) of the LRA, as there is no statutory exception for demarcation awards. The Court found that the statutory process under section 62 was followed, including consultation with NEDLAC and consideration of written representations. The facts were common cause, and the Labour Court was in as good a position as the commissioner to decide the matter. The only reasonable outcome on the record was that the respondent entities should…
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City of Cape Town Municipality v SAMWU and Others (C 819 / 13) [2015] ZALCCT 39 (6 May 2015)
The Labour Court found that the arbitrator disregarded clear evidence of a workplace rule prohibiting unauthorised use of municipal vehicles, and that Cassiem had no discretion or authorisation to use the vehicle outside working hours or while on leave. The arbitrator misapplied the law by asking the wrong questions and failing to consider Cassiem's prior misconduct and lack of remorse. The Court held that the arbitrator's conclusion was so unreasonable that no reasonable arbitrator could have reached it. The Court substituted the award, finding that Cassiem's dismissal was substantively and…
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Lekota v Commission for Conciliation, Mediation and Arbitration and Others (JR1045/13) [2014] ZALCJHB 336 (2 September 2014)
The Labour Court refused leave to appeal in a review matter concerning an unfair dismissal finding and reinstatement, holding that another court was unlikely to differ.
South African Revenue Service v Commission For Conciliation Mediation And Arbitration and Others (JR33/13) [2014] ZALCJHB 146 (5 May 2014)
The commissioner’s award was unreasonable because he ignored the agreed facts in the pre-arbitration minute, which removed causation as an issue and recorded admissions by Rajah regarding his conduct and its consequences. The commissioner’s reasoning was based on a failure to adduce evidence that the applicant was not required to provide, resulting in an outcome outside the range of reasonable decisions. The court set aside the award and substituted it with a finding that the dismissal was substantively and procedurally fair.
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