South Africa Case Law

Office of Chief Justice Republic of South Africa v General Public Service Sector Bargaining Council and Others

Office of Chief Justice Republic of South Africa v General Public Service Sector Bargaining Council and Others [2025] ZALCPE 15 (6 August 2025)

Court

Labour Court Port Elizabeth

Case number

PR228/23

Judge

de Kock

Labour Court review of an unfair labour practice award held that the employee had to disclose a pending criminal charge; the award was set aside.

• Unfair Labour Practice
• Duty Of Disclosure
• Review Of Arbitration Award
• Reasonableness Standard
• Appointment Procedure
• Unfair-labour-practice

Vilakazi v Avragystix (Pty) Ltd and Others (JR114/23)

Vilakazi v Avragystix (Pty) Ltd and Others (JR114/23) [2025] ZALCJHB 325 (1 August 2025)

Court

Labour Court Johannesburg

Case number

JR114/23

Judge

L Erasmus

Review of a CCMA award dismissed. The Labour Court held the applicant bore the onus in an unfair suspension dispute and found no reviewable irregularity or bias.

• Unfair Labour Practice
• Precautionary Suspension
• Onus Of Proof
• Arbitration Review
• Disciplinary Inquiry
• Unfair-labour-practice

Mathebe v Cullinan Diamond Mine (Pty) Ltd (JS382/2023)

Mathebe v Cullinan Diamond Mine (Pty) Ltd (JS382/2023) [2025] ZALCJHB 330 (1 August 2025)

Court

Labour Court Johannesburg

Case number

JS382/2023

Judge

Anestidis

The Labour Court does not have jurisdiction to entertain the applicant's claims for general damages and loss of earnings, as such relief is not contemplated by the Labour Relations Act or the Basic Conditions of Employment Act. The applicant failed to refer any unfair labour practice to the CCMA or a bargaining council, and did not plead any contractual breach or valid claim under the Mine Health and Safety Act. Furthermore, the applicant's claims have prescribed under the Prescription Act, as the cause of action arose no later than 28 February 2018 and the claim was only instituted in July 2…

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• Jurisdiction Of Labour Court
• Prescription Act
• Unfair Labour Practice
• Mine Health And Safety Act
• Contract Of Employment
• General Damages

Department of Military Veterans v Public Service Association and Others (JR630/2023)

Department of Military Veterans v Public Service Association and Others (JR630/2023) [2025] ZALCJHB 333 (30 July 2025)

Court

Labour Court Johannesburg

Case number

JR630/2023

Judge

Prinsloo

The Labour Court granted condonation for a late review application, finding the delay inordinate but the prospects of success and interests of justice sufficient.

• Condonation
• Review Of Arbitration Award
• Default Award
• Unfair Labour Practice
• Promotion Dispute
• Labour-court-review

Department of Education Northern Cape Province v Crow and Others (C302/2023)

Department of Education Northern Cape Province v Crow and Others (C302/2023) [2025] ZALCCT 58 (23 July 2025)

Court

Labour Court Cape Town

Case number

C302/2023

Judge

Stelzner

The Labour Court held that the ELRC had jurisdiction to arbitrate the promotion dispute, as confirmed by recent Labour Appeal Court authority and the binding collective agreement governing promotion arbitrations in the education sector. The arbitrator's award was not unreasonable; the respondent established a prima facie case of unfairness by showing he was recommended by the SGB and scored highest, yet was overlooked without written reasons or direct evidence from the HOD. The employer failed to rebut the inference of unfairness, and the absence of written reasons and the HOD's failure to te…

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• Unfair Labour Practice
• Promotion Dispute
• Collective Agreement
• Arbitration Review
• Employment Equity
• Remedies For Unfair Promotion

South African Cabin Crew Association obo Members v South African Airways (Soc) Ltd and Others (JA40/2024)

South African Cabin Crew Association obo Members v South African Airways (Soc) Ltd and Others (JA40/2024) [2025] ZALAC 45 (21 July 2025)

Court

Labour Appeal Court

Case number

JA40/2024

Judges

Van Niekerk JA, Nkutha-Nkontwana JA, Basson AJA

The Labour Appeal Court dismissed an appeal over CCMA dismissal and jurisdiction rulings, holding the Labour Court could review in medias res under section 158(1B).

• Section 158 1b Exception
• Ccma Jurisdiction
• Unfair Labour Practice
• Review In Medias Res
• Condonation For Late Referral
• Section-158-1b

Road Accident Fund v Commission for Conciliation Mediation and Arbitration and Others (D242/2024)

Road Accident Fund v Commission for Conciliation Mediation and Arbitration and Others (D242/2024) [2025] ZALCD 26 (17 July 2025)

Court

Labour Court Durban

Case number

D242/2024

Judge

M Mpahlwa

The applicant failed to prosecute the review application within the prescribed timeframes, did not seek condonation for late filing, and took no steps to reinstate the application. The review application is deemed withdrawn under Rule 37(15) of the Labour Court Rules and the Practice Manual. The Labour Court retains jurisdiction to dismiss the review application for unreasonable delay and lack of prosecution, as confirmed by recent case law. The Respondents suffered prejudice due to prolonged suspension and delay. The interests of justice and the objectives of the LRA require expeditious reso…

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• Unfair Labour Practice
• Review Application Delay
• Practice Manual Deemed Withdrawal
• Condonation
• Arbitration Award Enforcement

Special Investigating Unit v Solidarity obo Walser (JR1305/22)

Special Investigating Unit v Solidarity obo Walser (JR1305/22) [2025] ZALCJHB 310 (13 July 2025)

Court

Labour Court Johannesburg

Case number

JR1305/22

Judge

H Schensema

The Court found that the applicant failed to provide a compelling and comprehensive explanation for the delay in filing the review application, particularly for the period between 25 May 2022 and 6 June 2022. The reasons advanced, including miscommunication and email issues, were unsupported by evidence and did not cover the entire period of delay. The applicant’s inability to prepare for the arbitration was self-created, as it had ample opportunity to consult with its witnesses and legal representatives. The Commissioner’s refusal to grant a further postponement and to allow witnesses to rem…

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• Condonation
• Review Of Arbitration Award
• Unfair Labour Practice
• Postponement Principles
• Audi Alteram Partem

South African Police Services v Safety and Security Sectoral Bargaining Council and Others (C33/2021)

South African Police Services v Safety and Security Sectoral Bargaining Council and Others (C33/2021) [2025] ZALCCT 53 (11 July 2025)

Court

Labour Court Cape Town

Case number

C33/2021

Judge

C May

The applicant failed to comply with the relevant rules and practice manual, resulting in the application being deemed withdrawn. No reasonable or acceptable explanation was provided for the significant delays in filing the record and the reinstatement application. The court found the delay to be flagrant and unjustified, and the absence of explanation was fatal to the application. Even considering the interests of justice and the importance of the matter, the court determined that there were no prospects of success on review. The arbitrator's award of protected promotion was found to be lawfu…

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• Condonation
• Unfair Labour Practice
• Protected Promotion
• Delay In Filing
• Prospects Of Success

Bombela Operating Company (Pty) LtdTD v Commission for Conciliation, Mediation and Arbitration and Others (JR 589/2021)

Bombela Operating Company (Pty) LtdTD v Commission for Conciliation, Mediation and Arbitration and Others (JR 589/2021) [2025] ZALCJHB 297 (11 July 2025)

Court

Labour Court Johannesburg

Case number

JR 589/2021

Judge

R Lagrange

The Labour Court reinstated Bombela’s review and set aside an unfair-suspension award, holding the precautionary suspension was fair under Long v SAB.

• Unfair Labour Practice
• Precautionary Suspension
• Procedural Fairness
• Substantive Fairness
• Disciplinary Code
• Collective Agreement