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South Africa Case Law

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Labour Law [2024] ZALCJHB 68

Raboroko v Kekana (JR1953-19)

Raboroko v Kekana (JR1953-19) [2024] ZALCJHB 68 (21 February 2024)

The Labour Court dismissed a review of a dismissal award, holding the commissioner’s findings on dishonesty and probabilities were reviewably sound.

  • Review Of Arbitration Award
  • Dishonesty
  • Gross Irregularity
  • Test For Review
  • Dismissal For Misconduct
  • Labour-law
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Labour Law [2023] ZALCJHB 356

Passenger Rail Agency of South Africa Johannesburg v SATAWU obo Maluleke and Others (JR220/19)

Passenger Rail Agency of South Africa Johannesburg v SATAWU obo Maluleke and Others (JR220/19) [2023] ZALCJHB 356 (25 August 2023)

The Labour Court granted condonation, reviewed and set aside a CCMA award, and held that the arbitrator’s unfair dismissal finding was unreasonable.

  • Unfair Dismissal
  • Condonation
  • Review Of Arbitration Award
  • Inconsistent Application Of Rule
  • Mitigating Factors
  • Test For Review
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Labour Law [2021] ZALCJHB 50

Khosana v Phalane and Others (JR 885/17)

Khosana v Phalane and Others (JR 885/17) [2021] ZALCJHB 50 (29 March 2021)

Labour Court review of a dismissal arbitration award involving alleged sexual misconduct by a nurse. Condonation was granted, but the review was dismissed.

  • Review Of Arbitration Award
  • Condonation For Late Filing
  • Procedural Fairness
  • Substantive Fairness
  • Misconduct
  • Test For Review
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Labour Law [2012] ZALCCT 29

South African Breweries Ltd v Commission for Conciliation Mediation and Arbitration and Others (C 665/2011)

South African Breweries Ltd v Commission for Conciliation Mediation and Arbitration and Others (C 665/2011) [2012] ZALCCT 29 (25 July 2012)

The Labour Court granted South African Breweries leave to appeal, finding that clarification was needed on the review test and the commissioner’s role in dismissal cases.

  • Review Of Arbitration Award
  • Commissioner Role
  • Test For Review
  • Interests Of Justice
  • Labour-law
  • Leave-to-appeal
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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.