South Africa Case Law

Nkosi v Passenger Rail Agency of South Africa Soc Ltd (J1031/2023)

Nkosi v Passenger Rail Agency of South Africa Soc Ltd (J1031/2023) [2025] ZALCJHB 281 (26 April 2025)

Court

Labour Court Johannesburg

Case number

J1031/2023

Judge

M. T. M. Phehane

The Court found that PRASA complied with the Labour Appeal Court order by inviting Mr Nkosi to return to work on 3 September 2018. Mr Nkosi failed to tender his services at the required time and did not communicate his circumstances to PRASA. The reinstatement order did not automatically restore his employment; it required a timely tender of services, which Mr Nkosi did not make. His subsequent presentation for duty in December 2019 was well after the specified date, and he did not provide sufficient reasons for the delay in approaching the Court. The Court held that there was no basis to com…

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• Reinstatement Order
• Tender Of Services
• Unfair Dismissal
• Backpay Entitlement
• Condonation
• Contempt Of Court

Keepile v Lekwa-Teeman Local Municipality (JS144/2022)

Keepile v Lekwa-Teeman Local Municipality (JS144/2022) [2025] ZALCJHB 143 (3 April 2025)

Court

Labour Court Johannesburg

Case number

JS144/2022

Judge

P Naidoo

The Labour Court dismissed a special plea that it lacked jurisdiction to hear a claim for arrear back pay arising from an award ordering re-employment.

• Arbitration Award Enforcement
• Jurisdiction Of Labour Court
• Back Pay Claim
• Reinstatement
• Tender Of Services
• Labour-court-jurisdiction

South African Municipal Workers Union obo Koopman v City of Cape Town and Others (CA5/2023)

South African Municipal Workers Union obo Koopman v City of Cape Town and Others (CA5/2023) [2025] ZALCCT 5 (22 January 2025)

Court

Labour Court Cape Town

Case number

CA5/2023

Judges

Savage ADJP, Mlambo JA, Davis AJA

The court dismissed an appeal about enforcement of a reinstatement award, holding that the employee had to tender services after reinstatement and had not done so.

• Reinstatement
• Prescription Act
• Arbitration Award Enforcement
• Contempt Of Court
• Tender Of Services
• Tender-of-services

South African Municipal Workers Union obo Koopman v City of Cape Town and Others (CA5/2023)

South African Municipal Workers Union obo Koopman v City of Cape Town and Others (CA5/2023) [2025] ZALAC 7; [2025] 5 BLLR 495 (LAC); (2025) 46 ILJ 1132 (LAC) (22 January 2025)

Court

Labour Appeal Court

Case number

CA5/2023

Judges

Savage ADJP, Mlambo JA, Davis AJA

The appeal was dismissed because the appellant failed to tender his services following the reinstatement order. The Court held that an employee who obtains an award or order for reinstatement must actively tender their services to the employer; failure to do so renders enforcement of the award impossible. Even if the prescription issue were resolved in the appellant’s favour, the absence of a tender of services is fatal. The Court reaffirmed that certification of an arbitration award does not convert it into a judgment for prescription purposes, and that the right to fair labour practices app…

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• Reinstatement
• Prescription Act
• Arbitration Award Enforcement
• Contempt Of Court
• Tender Of Services

Mokapane and Others v Mogalakwena Local Municipality (J 244/15)

Mokapane and Others v Mogalakwena Local Municipality (J 244/15) [2015] ZALCJHB 97 (18 March 2015)

Court

Labour Court Johannesburg

Case number

J 244/15

Judge

Rabkin-Naicker

Urgent Labour Court application dismissed after employees failed to show a clear right to salary payments for a period they said they were blocked from working.

• Final Interdict
• No Work No Pay
• Tender Of Services
• Urgent Application
• Municipal Employment Dispute
• Final-interdict