South Africa Case Law

New Model Private College v Commission for Conciliation, Mediation and Arbitration and Others (JR1731/21)

New Model Private College v Commission for Conciliation, Mediation and Arbitration and Others (JR1731/21) [2025] ZALCJHB 94 (3 March 2025)

Court

Labour Court Johannesburg

Case number

JR1731/21

Judge

Myburgh

The Labour Court set aside a CCMA award on unfair suspension, holding that expired fixed-term contracts did not make the educators still employees.

• Unfair Suspension
• Fixed Term Contracts
• Reasonable Expectation Of Renewal
• Arbitration Review
• Section 186 Lra
• Unfair-suspension

National Commissioner Department of Correctional Services v Nxele and Another (DA 04/2023)

National Commissioner Department of Correctional Services v Nxele and Another (DA 04/2023) [2025] ZALAC 9; [2025] 5 BLLR 472 (LAC) (17 February 2025)

Court

Labour Appeal Court

Case number

DA04/2023

Judges

Savage ADJP, Van Niekerk JA, Govindjee AJA

The Labour Appeal Court upheld a ruling converting disciplinary proceedings into a section 188A(11) inquiry after finding a good-faith protected-disclosure basis.

• Protected Disclosure
• Occupational Detriment
• Section 188a Inquiry
• Lis Alibi Pendens
• Unfair Suspension
• Protected-disclosures

Strydom v Arcelormittal South Africa (J 1764/2023)

Strydom v Arcelormittal South Africa (J 1764/2023) [2023] ZALCJHB 345; (2024) 45 ILJ 931 (LC) (27 December 2023)

Court

Labour Court Johannesburg

Case number

J 1764/2023

Judge

Prinsloo

The Labour Court lacks jurisdiction to adjudicate the applicant's claim of unlawful suspension without pay, as the dispute is properly characterised as an unfair labour practice under section 186(2) of the LRA and must be resolved by arbitration at the MEIBC. The applicant failed to identify any provision of the LRA or other law conferring jurisdiction on the Labour Court to determine the lawfulness of his suspension. The court found that mere allegations of unlawfulness do not clothe it with jurisdiction where the substance of the dispute is unfairness, and the applicant had already referred…

Source excerpt

• Unfair Suspension
• Jurisdiction Of Labour Court
• Urgent Interdict
• Disciplinary Procedure
• Costs Award

Department of Social Development Gauteng v WAR obo Ramaele and Others (JR 2316/15)

Department of Social Development Gauteng v WAR obo Ramaele and Others (JR 2316/15) [2023] ZALCJHB 118 (13 April 2023)

Court

Labour Court Johannesburg

Case number

JR 2316/15

Judge

S Swartz

The Labour Court held it lacked jurisdiction to dismiss a review deemed withdrawn for failure to file the record. The Rule 11 application was dismissed.

• Review Application
• Practice Manual Withdrawal
• Rule 11 Application
• Unfair Suspension
• Jurisdiction Of Labour Court
• Labour-law

Tlhakudi v President of South Africa Mr Matamela Cyril Ramaphosa and Others (J 1220/2022)

Tlhakudi v President of South Africa Mr Matamela Cyril Ramaphosa and Others (J 1220/2022) [2022] ZALCJHB 277 (12 October 2022)

Court

Labour Court Johannesburg

Case number

J 1220/2022

Judge

Van Niekerk

The court found that the applicant's claim, although couched in constitutional terms, is essentially a claim for unfair labour practice as defined in section 186(1)(b) of the LRA. In accordance with Chirwa v Transnet Ltd, the applicant is not permitted to bypass the dispute resolution mechanisms of the LRA by appealing directly to constitutional rights. The Labour Court's jurisdiction under section 157(2) is limited and does not extend to claims that are, in substance, unfair labour practice disputes. The applicant failed to establish a clear right to the relief sought, as he has an adequate…

Source excerpt

• Unfair Suspension
• Jurisdiction Of Labour Court
• Final Interdict
• Constitutional Rights In Employment
• Alternative Remedy
• Costs Orders

Shoprite Checkers (Pty) Ltd v JL and Others (C886/17; C627/2018)

Shoprite Checkers (Pty) Ltd v JL and Others (C886/17; C627/2018) [2021] ZALCCT 95; (2022) 43 ILJ 903 (LC) (10 December 2021)

Court

Labour Court Cape Town

Case number

C886/17; C627/2018

Judge

Lagrange

Labour Court upheld a sexual harassment finding and employer liability, reduced compensation, set aside constructive dismissal, and varied costs.

• Sexual Harassment
• Employer Liability
• Unfair Suspension
• Constructive Dismissal
• Compensation Quantum
• Costs Award

Emfuleni Local Municipality v Munayi NO and Others (JR73/2020)

Emfuleni Local Municipality v Munayi NO and Others (JR73/2020) [2021] ZALCJHB 363 (19 October 2021)

Court

Labour Court Johannesburg

Case number

JR73/2020

Judge

F Coetzee

The Labour Court reviewed and set aside an arbitration award, finding procedural irregularities in the hearing and remitting the matter for a fresh hearing.

• Review Of Arbitration Award
• Unfair Suspension
• Disciplinary Enquiry
• Remittal For Fresh Hearing
• Review-of-arbitration-award
• Unfair-suspension

Serrem v Commission for Conciliation, Mediation and Arbitration and Others (JR 1585/19)

Serrem v Commission for Conciliation, Mediation and Arbitration and Others (JR 1585/19) [2021] ZALCJHB 200 (29 July 2021)

Court

Labour Court Johannesburg

Case number

JR 1585/19

Judge

Manchu

The Labour Court dismissed a review of a CCMA award, holding that the applicant had not proved constructive dismissal and could have pursued an unfair labour practice claim.

• Constructive Dismissal
• Unfair Suspension
• Unfair Labour Practice
• Section 186 Lra
• Review Of Arbitration Award
• Constructive-dismissal

BWAWUSA obo Swartz v Phillips NO and Others (C691/18)

BWAWUSA obo Swartz v Phillips NO and Others (C691/18) [2021] ZALCCT 22 (23 February 2021)

Court

Labour Court Cape Town

Case number

C691/18

Judge

Rabkin-Naicker

The Labour Court dismissed a review of a CCMA jurisdiction ruling, holding the dispute was not separate in law or fact because the parties had already settled it.

• Jurisdiction Of Ccma
• Unfair Suspension
• Settlement Agreement
• Review Of Arbitration Ruling
• Ccma-jurisdiction
• Unfair-suspension

American Products Services (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (JR2507/15)

American Products Services (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (JR2507/15) [2020] ZALCJHB 113; [2021] 1 BLLR 64 (LC) (15 July 2020)

Court

Labour Court Johannesburg

Case number

JR2507/15

Judge

F Leppan

The Court found that the Applicant's suspension of the Third Respondent without pay was both substantively and procedurally unfair. The suspension was a holding operation pending investigation, not a disciplinary sanction, and there was no agreement or justification for withholding pay. The Applicant failed to provide evidence of a justifiable reason to deny workplace access or to conduct the suspension without pay. The Second Respondent's award was reasonable and supported by established legal principles, including the requirement for procedural fairness and the unlawfulness of unpaid precau…

Source excerpt

• Unfair Suspension
• Procedural Fairness
• Substantive Fairness
• Quantum Of Compensation
• Review Of Arbitration Award