South Africa Case Law

NUMSA obo Ramothibe and Others v Commission for Conciliation, Mediation and Arbitration and Others (JR1655/22)

NUMSA obo Ramothibe and Others v Commission for Conciliation, Mediation and Arbitration and Others (JR1655/22) [2025] ZALCJHB 60 (17 February 2025)

Court

Labour Court Johannesburg

Case number

JR1655/22

Judge

L. De Haan

The Labour Court dismissed NUMSA’s application for leave to appeal, finding no reasonable prospects of success on the collective-liability and fairness issues.

• Leave To Appeal
• Collective Liability
• Procedural Fairness
• Substantive Fairness
• Team Liability
• Derivative Misconduct

South African Commercial Catering and Allied Workers Union and Others v Makgopela and Others (JA38/2021)

South African Commercial Catering and Allied Workers Union and Others v Makgopela and Others (JA38/2021) [2023] ZALAC 8; [2023] 6 BLLR 509 (LAC); (2023) 44 ILJ 1229 (LAC) (14 March 2023)

Court

Labour Appeal Court

Case number

JA38/2021

Judges

Phatshoane, Savage, Phatudi

The Labour Appeal Court held that Cashbuild failed to prove collective guilt for stock losses, set aside the dismissal award, and ordered reinstatement with back pay.

• Unfair Dismissal
• Collective Misconduct
• Team Liability
• Arbitration Review
• Reinstatement
• Unfair-dismissal

SACCAWU and Others v Makgopela and Others (JA38/2021)

SACCAWU and Others v Makgopela and Others (JA38/2021) [2023] ZALCJHB 66 (14 March 2023)

Court

Labour Court Johannesburg

Case number

JA38/2021

Judges

Phatshoane, Savage, Phatudi

The Labour Appeal Court found that Cashbuild failed to provide sufficient evidence to justify the dismissal of all employees for collective misconduct. Unlike precedents where proximity and the nature of work supported an inference of collective responsibility, the Klerksdorp store was large, employees performed diverse functions, and management did not act on identified systemic deficiencies. The evidence did not establish that all employees were aware of or participated in the stock losses, nor did it warrant a finding of indivisible team liability. The employees did not remain silent but r…

Source excerpt

• Unfair Dismissal
• Collective Misconduct
• Team Liability
• Derivative Misconduct
• Procedural Fairness
• Substantive Fairness