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South Africa Case Law

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Labour Law [2025] ZALCJHB 242

Kruger v University of South Africa (JS 207/19)

Kruger v University of South Africa (JS 207/19) [2025] ZALCJHB 242 (20 June 2025)

The Labour Court held that Kruger’s employment ended lawfully at the agreed retirement age of 65, so his automatic unfair dismissal claim failed.

  • Automatic Unfair Dismissal
  • Retirement Age
  • Unfair Discrimination
  • Section 187 Lra
  • Termination Of Employment
  • Automatic-unfair-dismissal
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Labour Law [2025] ZALCJHB 223

Caydavul and Another v Kamal Cape Town Iron and Steel Co (Pty) Ltd (JS619/23)

Caydavul and Another v Kamal Cape Town Iron and Steel Co (Pty) Ltd (JS619/23) [2025] ZALCJHB 223 (9 June 2025)

The plaintiffs remained employed by the defendant until their dismissal on 12 December 2023. The lay-off period was not lawfully extended by agreement, and the defendant conceded that no such agreement existed. The plaintiffs tendered their services throughout the relevant period, except during the business rescue period when they were paid. The defendant's argument that the second plaintiff's entitlement to remuneration was affected by the lapse of his work permit was rejected, as the employment contract was not rendered void and the defendant continued to treat him as an employee. The plain…

  • Contractual Remuneration
  • Basic Conditions Of Employment Act
  • Unpaid Wages
  • Business Rescue
  • Termination Of Employment
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Labour Law [2025] ZAECMHC 40

Nyakudya v O.R Tambo District Municipality (862/2024)

Nyakudya v O.R Tambo District Municipality (862/2024) [2025] ZAECMHC 40 (27 May 2025)

The court found that the respondent terminated the applicant's employment contract without providing proper notice or following fair procedures, in contravention of the Basic Conditions of Employment Act and the Labour Relations Act. Although the applicant's work permit had expired, the respondent's failure to comply with statutory requirements regarding notice and procedure rendered the termination unlawful. The court held that being an illegal foreigner does not automatically entitle the employer to summarily terminate employment; fair procedures must be followed. However, reinstatement was…

  • Unfair Dismissal
  • Termination Of Employment
  • Immigration Status
  • Legitimate Expectation
  • Reinstatement
  • Notice Of Termination
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Labour Law [2024] ZALCJHB 284

Mkhize v Rand Water Soc Ltd and Others (JR1515/22)

Mkhize v Rand Water Soc Ltd and Others (JR1515/22) [2024] ZALCJHB 284 (2 August 2024)

The court held that the CCMA does not have jurisdiction to arbitrate an unfair labour practice dispute under section 186(2)(a) of the LRA where the facts giving rise to the dispute arose after the termination of the employment relationship. The applicant's entitlement to a bonus, if any, was not perfected during his employment but only became a dispute when the respondent paid bonuses to staff in January 2022 and refused to pay the applicant, who was no longer an employee. The authorities cited by the applicant do not support jurisdiction in these circumstances, as they concern disputes arisi…

  • Unfair Labour Practice
  • Ccma Jurisdiction
  • Termination Of Employment
  • Employee Benefits
  • Review Of Arbitration Award
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Labour Law [2024] ZALCPE 31

Silver Solutions Security (Pty) Ltd v Saayman N.O ands Others (PR192/22)

Silver Solutions Security (Pty) Ltd v Saayman N.O ands Others (PR192/22) [2024] ZALCPE 31 (15 July 2024)

Review application dismissed: the employer failed to prove a fair basis for dismissal after access to the client site was revoked.

  • Dismissal For Incapacity
  • Supervening Impossibility
  • Procedural Fairness
  • Arbitration Review
  • Termination Of Employment
  • Labour-law
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Labour Law [2024] ZALCPE 14

Lewis Stores (Pty) Ltd v SACCAWU obo Ngcaku and Others (PR267/22)

Lewis Stores (Pty) Ltd v SACCAWU obo Ngcaku and Others (PR267/22) [2024] ZALCPE 14 (26 April 2024)

The Labour Court reviewed an arbitration award after finding the employee had resigned, not been dismissed, so the CCMA lacked jurisdiction.

  • Jurisdiction Of Ccma
  • Resignation Vs Dismissal
  • Basic Conditions Of Employment Act
  • Arbitration Review
  • Termination Of Employment
  • Resignation-vs-dismissal
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Civil Procedure [2024] ZAGPJHC 277

Ngassam v MTN Group Management Services (Pty) Ltd (4337/2022)

Ngassam v MTN Group Management Services (Pty) Ltd (4337/2022) [2024] ZAGPJHC 277 (15 March 2024)

The court found that the plaintiff's delivery of the document dated 25 April 2022 was an irregular step not provided for in the Uniform Rules of Court. The document was discursive, argumentative, and went beyond the scope of responding to the defendant's notice under rule 23(1)(a), thereby prejudicing both the defendant and the court by complicating the proceedings and diverting attention from the issues to be adjudicated. Although MTN delivered its notice under rule 30(2)(b) and the application itself out of time, the court exercised its inherent power under section 173 of the Constitution t…

  • Uniform Rules Of Court
  • Condonation
  • Irregular Step
  • Jurisdiction Of High Court
  • Termination Of Employment
  • Directors Duties
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Labour Law [2023] ZALCJHB 303

Khumalo v Industrial Development Corporation of South Africa and Another (J1233 /2020)

Khumalo v Industrial Development Corporation of South Africa and Another (J1233 /2020) [2023] ZALCJHB 303; (2024) 45 ILJ 123 (LC) (27 October 2023)

The court found that the applicant had mandated her attorney to negotiate a settlement within the range of six to nine months' compensation, and the attorney acted within the scope of this mandate when settling for six months. The employer was entitled to rely on the attorney's ostensible authority, and there was no evidence that the agreement was subject to being reduced to writing and signed before becoming binding. The applicant accepted the settlement amount, returned employer property, and withdrew her provident fund, thereby affirming the agreement and precluding her from seeking to hav…

  • Settlement Agreement
  • Ostensible Authority
  • Mandate Of Attorney
  • Termination Of Employment
  • Costs Award
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Civil Procedure [2023] ZANCHC 67

Sehole v Kgatelopele Local Municipality and Others (1682/2023)

Sehole v Kgatelopele Local Municipality and Others (1682/2023) [2023] ZANCHC 67 (13 October 2023)

The High Court dismissed an urgent interim application for reinstatement after finding the applicant had not made out a case in the founding papers.

  • Interim Interdict
  • Jurisdiction Of High Court
  • Founding Affidavit Requirements
  • Local Government Systems Act
  • Termination Of Employment
  • Interim-interdict
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Labour Law [2022] ZALCJHB 287

BIFAWU obo Ndhlovu v Commission for Conciliation Mediation and Arbitration and Others (JR 1432/21)

BIFAWU obo Ndhlovu v Commission for Conciliation Mediation and Arbitration and Others (JR 1432/21) [2022] ZALCJHB 287 (20 October 2022)

The Labour Court held that a WhatsApp message did not prove dismissal and dismissed a review of a CCMA jurisdictional ruling.

  • Dismissal Definition
  • Jurisdictional Review
  • Onus Of Proof
  • Covid19 Employment
  • Termination Of Employment
  • Dismissal-definition
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.