South Africa Case Law

Transport and Retail Allied Workers Union and Others v Grinding Media South Africa (Pty) Ltd (JR2481/2022)

Transport and Retail Allied Workers Union and Others v Grinding Media South Africa (Pty) Ltd (JR2481/2022) [2025] ZALCJHB 340 (8 August 2025)

Court

Labour Court Johannesburg

Case number

JR2481/2022

Judge

Anestidis

The court found that the applicants failed to establish both a subjective and objectively reasonable expectation of renewal of their fixed-term contracts. The contracts expressly stated their limited duration and excluded any expectation of renewal. The repeated extensions and delays did not, in themselves, create a legitimate expectation of indefinite renewal, especially given the short duration of the contracts and the clear communication regarding their temporary nature. The applicants' own evidence did not support a genuine or reasonable expectation of renewal. The arbitration award was c…

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• Fixed Term Contracts
• Legitimate Expectation
• Unfair Dismissal
• Review Of Arbitration Award

Solomons v Commission for Conciliation Mediation and Arbitration (CCMA) (C401/2024)

Solomons v Commission for Conciliation Mediation and Arbitration (CCMA) (C401/2024) [2025] ZALCCT 62 (7 August 2025)

Court

Labour Court Cape Town

Case number

C401/2024

Judge

T Du Preez

The Labour Court dismissed a review of a CCMA arbitration award upholding a dismissal for dishonesty in recording incomplete cooler services as complete.

• Unfair Dismissal
• Dishonesty In Employment
• Review Of Arbitration Award
• Incentive Scheme Misconduct
• Labour-law
• Unfair-dismissal

Cashbuild SA (Pty) Ltd v Ngudle N.O. and Others (PR277/22)

Cashbuild SA (Pty) Ltd v Ngudle N.O. and Others (PR277/22) [2025] ZALCPE 16 (6 August 2025)

Court

Labour Court Port Elizabeth

Case number

PR277/22

Judge

C de Kock

The court found that the arbitrator's identification of the central issue—failure to communicate with the customer—was reasonable given the charges as formulated. However, the arbitrator erred in finding that the applicant failed to prove breach of the rules, as the evidence established poor customer service and bringing the company name into disrepute. The court held that the misconduct did not amount to gross negligence warranting dismissal for a first offence, especially since the final written warning was issued only days before the complaint and could not fairly aggravate the sanction. T…

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• Unfair Dismissal
• Progressive Discipline
• Arbitration Review
• Back Pay
• Procedural Fairness

National Union of Metalworkers of South Africa obo Gxesi and Others v Faurecia Emission Control Technologies (Pty) Ltd and Others (C97/2022)

National Union of Metalworkers of South Africa obo Gxesi and Others v Faurecia Emission Control Technologies (Pty) Ltd and Others (C97/2022) [2025] ZALCCT 61 (6 August 2025)

Court

Labour Court Cape Town

Case number

C97/2022

Judge

Stelzner

Labour Court review of an arbitration award upheld dismissals for collective refusal to continue a stock take shift after 3pm.

• Unfair Dismissal
• Gross Insubordination
• Collective Agreement Interpretation
• Overtime Entitlement
• Arbitration Review
• Disciplinary Sanction

Masha v Zizwe Opencast Mining (Pty) Ltd (JS188/23)

Masha v Zizwe Opencast Mining (Pty) Ltd (JS188/23) [2025] ZALCJHB 337 (6 August 2025)

Court

Labour Court Johannesburg

Case number

JS188/23

Judge

H Schensema

The Labour Court dismissed an application for condonation after finding the applicant’s delay in filing the statement of case was excessive and inadequately explained.

• Condonation
• Unfair Dismissal
• Retrenchment
• Section 189 Lra
• Late Filing
• Jurisdiction

South African Airways (SOC) Limited v Commission for Conciliation, Mediation and Arbitration and Others (JR2093/16)

South African Airways (SOC) Limited v Commission for Conciliation, Mediation and Arbitration and Others (JR2093/16) [2025] ZALCJHB 338 (1 August 2025)

Court

Labour Court Johannesburg

Case number

JR2093/16

Judge

Schensema

The Labour Court reviewed and set aside a CCMA arbitration award, finding the commissioner ignored material evidence and misconceived the enquiry.

• Unfair Dismissal
• Review Of Arbitration Award
• Procedural Fairness
• Substantive Fairness
• Jurisdiction Of Ccma
• Review-of-arbitration-award

Greater Taung Local Municipality v Office of the Public Protector and Others (89658/2018)

Greater Taung Local Municipality v Office of the Public Protector and Others (89658/2018) [2025] ZAGPPHC 776 (1 August 2025)

Court

North Gauteng High Court, Pretoria

Case number

89658/2018

Judge

Kooverjie

The court found that Mr Bloem’s answering affidavit should be condoned due to his reasonable explanation for delay and the interests of justice. The complaint to the Public Protector was lodged within the statutory period, as evidenced by meetings in April and September 2014. The court rejected the Municipality’s argument that the protected disclosure complaint was an afterthought, finding a clear link between Mr Bloem’s whistleblowing and his dismissal. The Public Protector had jurisdiction to investigate the complaint under Section 182(1) of the Constitution and the Protected Disclosure Act…

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• Protected Disclosure Act
• Jurisdiction Of Public Protector
• Unfair Dismissal
• Remedial Action
• Condonation
• Occupational Detriment

Rakgogo v South African Local Government Bargaining Council (SALGBC) and Others (JR380/24)

Rakgogo v South African Local Government Bargaining Council (SALGBC) and Others (JR380/24) [2025] ZALCJHB 335 (31 July 2025)

Court

Labour Court Johannesburg

Case number

JR380/24

Judge

Mafa-Chali

Labour Court dismissed a review of an award upholding dismissal for insubordination after a municipal employee refused a transfer instruction.

• Unfair Dismissal
• Insubordination
• Municipal Staff Regulations
• Arbitration Review
• Operational Requirements
• Arbitration-review

National Health Education and Allied Workers Union and Another v Mtati and Others (D131/2023)

National Health Education and Allied Workers Union and Another v Mtati and Others (D131/2023) [2025] ZALCD 27 (31 July 2025)

Court

Labour Court Durban

Case number

D131/2023

Judge

K Allen-Yaman

The court found that the arbitrator's decision to award compensation rather than reinstatement was not supported by the evidence. The arbitrator incorrectly concluded that reinstatement was impracticable due to redundancy, relying on speculative and hearsay evidence from a witness not employed by the respondent. The second applicant had consistently sought reinstatement, and there was no evidence that she preferred compensation or that her position was genuinely redundant. The delay in filing the review application was relatively short and largely explained, and there was no discernible preju…

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• Condonation
• Unfair Dismissal
• Remedies For Unfair Dismissal
• Reinstatement
• Compensation
• Arbitration Review

Mthembu and Others v Snackworks and Another (D505/2021)

Mthembu and Others v Snackworks and Another (D505/2021) [2025] ZALCD 29 (29 July 2025)

Court

Labour Court Durban

Case number

D505/2021

Judge

Govind Bhikha

The Labour Court dismissed an application to retrieve an archived file, finding the delay was inadequately explained and the applicants lacked prospects of success.

• Condonation
• Retrieval Of Archived File
• Unfair Dismissal
• Operational Requirements
• Section 189a Lra
• Practice Manual Procedure