South Africa Case Law

Department of Higher Education and Training and Another v Dladla (JS240/2022)

Department of Higher Education and Training and Another v Dladla (JS240/2022) [2025] ZALCJHB 339 (8 August 2025)

Court

Labour Court Johannesburg

Case number

JS240/2022

Judge

Riaz Itzkin

The court found that although the explanation for the delay in both delivering the statement of response and launching the condonation application was imperfect and included periods that were unaccounted for, the delay was not so flagrant and gross as to justify refusing condonation without considering the merits. The applicants demonstrated sufficient prospects of success in opposing the main claim, as the salary disparities were not caused by them but were a result of historical employment conditions and subsequent transfer, with standardization and partial back-pay having occurred. The int…

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• Condonation
• Unfair Discrimination
• Employment Equity Act
• Delay Explanation
• Prospects Of Success

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

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

Court

Labour Court Johannesburg

Case number

JS 207/19

Judge

Prinsloo

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

Forbay and Others v University of South Africa (J493819)

Forbay and Others v University of South Africa (J493819) [2025] ZALCJHB 254 (20 June 2025)

Court

Labour Court Johannesburg

Case number

J493819

Judge

Mahosi

The Labour Court dismissed a discrimination claim by four UNISA managers, finding no proof of race or gender-based harassment, victimisation, or unfair treatment.

• Employment Equity Act
• Unfair Discrimination
• Harassment
• Burden Of Proof
• Performance Appraisal
• Disciplinary Procedure

Kolobi v Sibanye Gold Eastern Operations (Ltd) (JS 560/23)

Kolobi v Sibanye Gold Eastern Operations (Ltd) (JS 560/23) [2025] ZALCJHB 200 (27 May 2025)

Court

Labour Court Johannesburg

Case number

JS 560/23

Judge

Mabaso

The Court found that the Respondent's refusal to employ the Applicant was not irrational or unfairly discriminatory. The Respondent's conduct was justified by its legal obligation to comply with the Immigration Act, which requires a Corporate Visa to employ foreign nationals. The Applicant failed to prove that the Respondent possessed or was required to apply for such a visa, and her reliance on section 19 of the Immigration Act was misplaced, as that provision had been repealed. The Respondent's recruitment policy was consistent with statutory requirements, and the Applicant did not meet the…

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• Employment Equity Act
• Unfair Discrimination
• Corporate Visa Requirements
• Immigration Act Compliance

Adewale v Department of Social Development Gauteng Province (J1046/23)

Adewale v Department of Social Development Gauteng Province (J1046/23) [2025] ZALCJHB 267 (20 May 2025)

Court

Labour Court Johannesburg

Case number

J1046/23

Judge

M T M Phehane

The Labour Court dismissed a default judgment application for unfair discrimination, finding no pleaded prohibited ground, no dignity impairment, and no quantified damages.

• Employment Equity Act
• Unfair Discrimination
• Harassment In The Workplace
• Quantification Of Damages
• Unfair-discrimination
• Workplace-harassment

Walker v Commission for Conciliation Mediation and Arbitration and Others (C179/2023)

Walker v Commission for Conciliation Mediation and Arbitration and Others (C179/2023) [2025] ZALCCT 25 (14 May 2025)

Court

Labour Court Cape Town

Case number

C179/2023

Judge

R Lagrange

The court found that the arbitrator reasonably concluded there was no unfair discrimination against Walker on medical grounds. Walker was subject to the same disciplinary processes as other employees suspected of call avoidance, and his medical condition was accommodated by allowing him to work from home. The evidence did not establish that the employer failed to take necessary steps to address alleged harassment, nor was there sufficient factual material to hold the employer liable under section 60 of the Employment Equity Act. The arbitrator's focus on differential treatment was justified,…

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• Unfair Discrimination
• Employment Equity Act
• Harassment In The Workplace
• Review Of Arbitration Award

Association of Mineworkers and Construction Union v Chamber of Mines of South Africa and Others (JA 20/2023)

Association of Mineworkers and Construction Union v Chamber of Mines of South Africa and Others (JA 20/2023) [2025] ZALAC 41 (14 May 2025)

Court

Labour Appeal Court

Case number

JA 20/2023

Judges

Savage, Musi, Jolwana

The Labour Appeal Court refused to allow AMCU to broaden its discrimination claim to include management comparators, and upheld exclusion of related evidence.

• Employment Equity Act
• Unfair Discrimination
• Income Differentials
• Amendment Of Pleadings
• Collective Agreements
• Employment-equity-act

Mining Qualifications Authority v Commission for Conciliation, Mediation and Arbitration and Others (2025/032846)

Mining Qualifications Authority v Commission for Conciliation, Mediation and Arbitration and Others (2025/032846) [2025] ZALCJHB 120 (27 March 2025)

Court

Labour Court Johannesburg

Case number

2025/032846

Judge

Mafa-Chali

The court found that the applicant had established the requirements for an interim interdict. The applicant demonstrated a prima facie right to challenge the CCMA's jurisdiction, as the condonation and rescission rulings were subject to review and the applicant was deprived of an opportunity to be heard. The court accepted that irreparable harm would result if arbitration proceeded before the review was finalised, as a successful review would render the arbitration process and any award nugatory, causing wasted resources and prejudice. The balance of convenience favoured the applicant, as sta…

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• Interim Interdict
• Ccma Jurisdiction
• Condonation Application
• Rescission Application
• Unfair Discrimination
• Sexual Harassment

Nkosi and Another v Commission for Conciliation, Mediation and Arbitration and Others (JR2354/18)

Nkosi and Another v Commission for Conciliation, Mediation and Arbitration and Others (JR2354/18) [2025] ZALCJHB 123 (25 March 2025)

Court

Labour Court Johannesburg

Case number

JR2354/18

Judge

VG Mkwibiso

Condonation for the late filing of the review application was refused due to a significant delay of 16 months and an unreasonable explanation for the delay. The applicants waited for the outcome of another arbitration in which they were not parties, which did not constitute a valid legal reason for the delay. Even if condonation were granted, the prospects of success were poor because the applicants failed to allege a ground of discrimination analogous to those listed in section 6(1) of the Employment Equity Act. The Labour Appeal Court in Naidoo v Parliament of the Republic of South Africa e…

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• Employment Equity Act
• Unfair Discrimination
• Equal Pay For Equal Work
• Condonation
• Arbitrary Ground
• Unfair Labour Practice

G.D v Minister of Home Affairs and Others (2252/2024)

G.D v Minister of Home Affairs and Others (2252/2024) [2025] ZAECQBHC 1 (4 February 2025)

Court

Eastern Cape High Court, Gqeberha

Case number

2252/2024

Judge

O H Ronaasen

The court found that section 7(7)(c) of the Divorce Act irrationally differentiates between spouses in post-1984 marriages out of community of property without accrual and all other spouses, by excluding pension interests from redistribution. This differentiation is no longer rationally connected to any legitimate government purpose following the Constitutional Court's decision in KG, which extended the redistribution remedy to all such marriages. The exclusion disproportionately prejudices women, who are more likely to be economically disadvantaged and have smaller or no pension interests, a…

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• Divorce Act Section 7
• Unfair Discrimination
• Gender Equality
• Redistribution Of Assets
• Pension Interest
• Constitutional Invalidity