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South Africa decisions
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SASBO Finance Union obo Strrnkamp v African Bank Ltd and Others (C615/2021) [2025] ZALCCT 35 (30 May 2025)
The Labour Court reviewed a CCMA award upholding dismissal for negligence, finding the commissioner misconceived the inquiry by ignoring delay and mitigation.
Standard Bank Insurance Brokers v Dlamini and Others (JR15/24) [2025] ZALCJHB 147 (7 April 2025)
Labour Court review of a CCMA award found a wealth manager’s dismissal for serious FAIS-related negligence substantively fair and set aside reinstatement.
Bam v Safety and Security Sectoral Bargaining Council and Others (C148/2017) [2025] ZALCCT 3 (8 January 2025)
Labour Court dismissed a review of a police officer’s dismissal for shoplifting and dishonesty, finding the arbitrator’s credibility findings and refusal of further cross-examination were reasonable.
Mancam v Commission for Conciliation, Mediation and Arbitration and Another (JR261/17) [2023] ZALCJHB 295 (24 October 2023)
Review of a CCMA arbitration award dismissed after the court refused condonation for a late filing and found the explanation for delay unsatisfactory.
McGregor v Department of Health , Western Cape and Others (CA18/18) [2020] ZALAC 61; (2021) 42 ILJ 514 (LAC) (13 October 2020)
The Labour Appeal Court held that the appellant committed three counts of sexual harassment against a junior colleague, which, when considered cumulatively and in light of his position and responsibilities, constituted serious misconduct. The arbitrator's finding of substantive unfairness based on disciplinary inconsistency was unreasonable, as the circumstances of the other employee differed and the parity principle did not apply. The appellant's conduct irreparably damaged the trust relationship, making reinstatement inappropriate. The Labour Court's modification of the award to reflect sub…
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G4S Cash Services SA (Pty) Ltd v National Bargaining Council for the Road Freight and Logistics Industry and Others (JR1103/13) [2017] ZALCJHB 335 (6 September 2017)
Labour Court dismissed a review of an unfair-dismissal award, holding the arbitrator properly applied inconsistency principles and made the award an order of court.
Klassen v Commission for Conciliation Mediation And Arbitration and Others (JR293/12) [2014] ZALCJHB 461 (24 November 2014)
The court found that the arbitrator's conclusions regarding the applicant's misconduct and the sufficiency of notice for the disciplinary enquiry were reasonable. The applicant had ample notice of the charges and sufficient opportunity to prepare. The arbitrator was entitled to prefer the more probable explanation that the applicant used company resources for private business and that his S&T claim was fraudulent, as the evidence did not support the applicant's version of events. The breakdown of the trust relationship was a logical consequence of the misconduct, particularly given the applic…
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Cummins Emissions Solutions (Pty) Ltd v Matji and Others (JR32/13) [2014] ZALCJHB 297 (5 August 2014)
The court found that the arbitrator failed to properly evaluate the evidence and committed reviewable irregularities by rejecting direct testimony as hearsay and relying on untested written statements. The arbitrator misconstrued the nature of the dispute, which centered on Dlamini's dishonest conduct in adding a non-qualifying beneficiary to his medical aid scheme and bypassing company procedures. The evidence overwhelmingly supported the applicant's case that Dlamini acted dishonestly and intended to deceive the employer. The arbitrator's conclusion that the dismissal was substantively unfa…
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Hadebe v South African Local Government Bargaining Council and Others (D504/12) [2014] ZALCD 26 (11 June 2014)
Labour Court review of an arbitration award on unfair dismissal, reinstatement and compensation. The court held the commissioner erred in refusing reinstatement.
SAMWU obo Damens v Breede Valley Municipality and Others (C828/2012) [2013] ZALCCT 52; [2014] 6 BLLR 614 (LC); (2014) 35 ILJ 2018 (LC) (4 December 2013)
The Labour Court upheld a dismissal review dismissal, finding the arbitrator could infer document manipulation from the signatures without expert evidence.
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