South Africa Case Law

Sibanye Rustenburg Platinum Mines v Commission for Conciliation Mediation and Arbitration and Others (JR122/23)

Sibanye Rustenburg Platinum Mines v Commission for Conciliation Mediation and Arbitration and Others (JR122/23) [2025] ZALCJHB 212 (6 May 2025)

Court

Labour Court Johannesburg

Case number

JR122/23

Judge

Daniels

The court found that the commissioner failed to apply his mind to the totality of the circumstances, including the seriousness of the safety breach, the operational risk to the company, and the employers statutory duty to provide a safe working environment. The commissioner made material errors of law by finding a plausible excuse for breaching a non-negotiable safety rule and by requiring evidence from a supervisor regarding the trust relationship. The court held that the award was not one a reasonable decision maker could reach, as the commissioner ignored the importance of deterrence in h…

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• Dismissal For Safety Breach
• Substantive Fairness
• Arbitration Review
• Reasonableness Test
• Operational Risk
• Trust Relationship

South African Police Services v Safety and Security Sectoral Bargaining Council and Others (C543/2022)

South African Police Services v Safety and Security Sectoral Bargaining Council and Others (C543/2022) [2025] ZALCCT 12 (24 February 2025)

Court

Labour Court Cape Town

Case number

C543/2022

Judge

Lagrange

The Labour Court reviewed an arbitration award and held that the employee’s dismissal for misconduct was substantively fair.

• Substantive Fairness Of Dismissal
• Misconduct
• Trust Relationship
• Disciplinary Regulations
• Condonation
• Labour-law

Gumede v Albany Bakery and Others (J533/22)

Gumede v Albany Bakery and Others (J533/22) [2024] ZALCJHB 338 (21 August 2024)

Court

Labour Court Johannesburg

Case number

J533/22

Judge

Molotsi

Labour Court review dismissed: the dismissal for gross negligence was upheld after findings that the employee failed to follow cash-handling procedures during two robberies.

• Unfair Dismissal
• Gross Negligence
• Disciplinary Procedure
• Trust Relationship
• Review Of Arbitration Award
• Gross-negligence

Montego Pet Nutrition (Pty) Ltd v Commission For Conciliation, Mediation and Arbitration and Others (PR322/2022)

Montego Pet Nutrition (Pty) Ltd v Commission For Conciliation, Mediation and Arbitration and Others (PR322/2022) [2024] ZALCPE 28 (24 July 2024)

Court

Labour Court Port Elizabeth

Case number

PR322/2022

Judge

Jessop

The Labour Court found that the Second Respondent misdirected herself in law and fact by failing to properly consider the mandatory nature of the client call-cycle and its importance to the Applicant's business. The Third Respondent's repeated failure to physically visit clients, despite a final written warning and explicit directives, constituted gross dereliction of duty. The Second Respondent's reliance on sales growth and telephonic contact as justification for non-compliance was unreasonable and conflated distinct duties. The evidence established that the Third Respondent purposefully fa…

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• Unfair Dismissal
• Gross Dereliction Of Duty
• Review Of Arbitration Award
• Disciplinary Code
• Trust Relationship

Khubeka v Metal Engineering Industries Bargaining Council and Others.rtf (JR1219/2021)

Khubeka v Metal Engineering Industries Bargaining Council and Others.rtf (JR1219/2021) [2024] ZALCJHB 249 (25 June 2024)

Court

Labour Court Johannesburg

Case number

JR 1219/2021

Judge

Tlhotlhalemaje

Review of an arbitration award dismissing a theft-related unfair dismissal claim failed; the Labour Court held the award was reasonable and upheld the dismissal.

• Unfair Dismissal
• Review Of Arbitration Award
• Circumstantial Evidence
• Procedural Fairness
• Trust Relationship
• Gross Misconduct

Notisi v South African Police Service and Others (JA31/2022)

Notisi v South African Police Service and Others (JA31/2022) [2023] ZALAC 33; [2024] 4 BLLR 380 (LAC); (2024) 45 ILJ 986 (LAC) (14 December 2023)

Court

Labour Appeal Court

Case number

JA31/2022

Judges

Molahlehi ADJP, Savage AJA, Gqamana AJA

The Labour Appeal Court upheld Notisi’s appeal, finding his dismissal substantively unfair and ordering reinstatement because SAPS did not prove intolerability.

• Unfair Dismissal
• Reinstatement
• Intolerability
• Remedies For Unfair Dismissal
• Trust Relationship
• Section 193 Lra

NEHAWU obo Nkosi v Thokoa (JR1650/14)

NEHAWU obo Nkosi v Thokoa (JR1650/14) [2023] ZALCJHB 266 (12 September 2023)

Court

Labour Court Johannesburg

Case number

JR1650/14

Judge

Sono

Labour Court review of an arbitration award upholding dismissal for serious misconduct was dismissed. The court found the award reasonable and the trust relationship destroyed.

• Unfair Dismissal
• Review Of Arbitration Award
• Gross Irregularity
• Trust Relationship
• Procedural Fairness
• Labour-law

South African Revenue Services (SARS) v Commission for Conciliation, Mediation and Arbitration (CCMA) and Others (JR 2243/21)

South African Revenue Services (SARS) v Commission for Conciliation, Mediation and Arbitration (CCMA) and Others (JR 2243/21) [2023] ZALCJHB 222; [2023] 10 BLLR 1090 (LC); (2023) 44 ILJ 2311 (LC) (21 July 2023)

Court

Labour Court Johannesburg

Case number

JR 2243/21

Judge

Moshoana

The court found that the commissioner failed to address the central question of whether Mathebula was so indisposed that he could not attend work. The evidence showed that Mathebula participated in a protest while claiming to be ill, indicating that his absence was not due to genuine illness. The medical certificate did not objectively support illness on the relevant days, and the employee's conduct amounted to dishonesty and malingering. The trust relationship was irreparably broken, and the arbitration award was speculative and unreasonable. Accordingly, the award was reviewed and set aside…

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• Unfair Dismissal
• Dishonesty In Employment
• Trust Relationship
• Malingering
• Arbitration Review
• Substantive Fairness

Paarl Coldset (PTY LTD) v Singh (DA1/2021)

Paarl Coldset (PTY LTD) v Singh (DA1/2021) [2022] ZALAC 98; (2022) 43 ILJ 2010 (LAC); [2022] 10 BLLR 920 (LAC) (2 June 2022)

Court

Labour Appeal Court

Case number

DA1/2021

Judges

Phatshoane, Savage, Phatudi

The majority held that the Labour Court erred by treating the review as an appeal and failing to apply the correct test for review of arbitration awards. The arbitrator's decision that dismissal was fair fell within the bounds of reasonableness, given the respondent's repeated misconduct and refusal to comply with the disciplinary sanction. The respondent's conduct, including his failure to apologise as required, justified dismissal despite his long service and clean record. The Labour Court's substitution of reinstatement was not sustainable on appeal. The minority (Phatudi AJA) dissented, f…

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• Unfair Dismissal
• Progressive Discipline
• Remedies For Unfair Dismissal
• Internal Appeal Rights
• Trust Relationship
• Compensation For Unfair Dismissal

Mthethwa v Commission for Conciliation, Mediation and Arbitration and Others (JA104/2020)

Mthethwa v Commission for Conciliation, Mediation and Arbitration and Others (JA104/2020) [2022] ZALAC 95; [2022] 9 BLLR 814 (LAC); (2022) 43 ILJ 1786 (LAC) (10 May 2022)

Court

Labour Appeal Court

Case number

JA104/2020

Judges

Coppin, Tokota, Phatudi

The Labour Appeal Court held that the arbitrator and the Labour Court erred in failing to order reinstatement as the primary remedy for unfair dismissal. The arbitrator did not provide objective, rational reasons supported by evidence for departing from reinstatement, and none of the statutory exceptions under section 193(2) of the Labour Relations Act were established. The assertion that the applicant's tenure would be unsafe and insecure was unsupported and did not meet the high threshold for intolerability. The Court found that the factors favoured reinstatement: the applicant sought reins…

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• Unfair Dismissal
• Reinstatement
• Compensation
• Remedies For Unfair Dismissal
• Trust Relationship
• Labour Relations Act