South Africa Case Law

Legend Logistics (Pty) Ltd v SATAWU and Others (JR1373/21)

Legend Logistics (Pty) Ltd v SATAWU and Others (JR1373/21) [2024] ZALCJHB 417 (24 October 2024)

Court

Labour Court Johannesburg

Case number

JR1373/21

Judge

M Makhura

The court found that the commissioner acted correctly in determining the cases of all employees, including those absent, as they were represented by the union official and the referral form was completed on their behalf. The company failed to provide any credible evidence of incitement or intimidation, relying only on unsworn, unsigned disciplinary hearing statements and speculative testimony. The only witness for the company did not experience or witness any intimidation or incitement. The company did not discharge its onus to prove misconduct. The commissioner’s award was well-reasoned, leg…

Source excerpt

• Unfair Dismissal
• Arbitration Review
• Reinstatement
• Backpay
• Union Representation

PAWU obo Netshikhudini v CCMA and Others (J 1171/2022)

PAWU obo Netshikhudini v CCMA and Others (J 1171/2022) [2022] ZALCJHB 258; (2022) 43 ILJ 2812 (LC) (21 September 2022)

Court

Labour Court Johannesburg

Case number

J 1171/2022

Judge

Van Niekerk

The Labour Court dismissed an urgent bid to stop a disciplinary hearing, holding that complaints about representation and access to documents should be raised before the chairperson.

• Interim Interdict
• Disciplinary Hearing
• Union Representation
• Costs Order
• Abuse Of Process
• Urgent-interdict

Food and Allied Workers' Union and Others v La Visagie and Seun (JS831/13)

Food and Allied Workers' Union and Others v La Visagie and Seun (JS831/13) [2017] ZALCJHB 288 (10 August 2017)

Court

Labour Court Johannesburg

Case number

JS831/13

Judge

Lagrange

The court found that the dismissals were substantively unfair. The initial strike was provoked by confusion and poor communication regarding the implementation of the sectoral determination wage increase and the employer's variation application. The employer failed to notify the union of the formal variation application and did not communicate the outcome of the worker poll or the implications for wages. Although the initial strike was unprotected, the workers heeded the ultimatums and agreed to return to work after the employer provided proof of provisional variation. The subsequent strike o…

Source excerpt

• Unprotected Strike
• Sectoral Determination
• Substantive Fairness
• Dismissal Sanction
• Ultimatum Requirements
• Union Representation

POPCRU obo Palm v Van Aarde NO and Others (JR482/14)

POPCRU obo Palm v Van Aarde NO and Others (JR482/14) [2017] ZALCJHB 193 (13 March 2017)

Court

Labour Court Johannesburg

Case number

JR482/14

Judge

Van Niekerk

The Labour Court refused condonation for a review filed over two years late, finding the union’s explanation unsatisfactory and dismissing the matter with costs.

• Condonation
• Review Application
• Statutory Time Limits
• Union Representation
• Costs Order
• Labour-review

Umjwara and Others v Tiger Brands (Pty) Ltd t/a Albany Bakeries (JS696/14)

Umjwara and Others v Tiger Brands (Pty) Ltd t/a Albany Bakeries (JS696/14) [2016] ZALCJHB 483 (2 December 2016)

Court

Labour Court Johannesburg

Case number

JS696/14

Judge

Omphemetse Mooki

The Labour Court dismissed an unfair dismissal claim arising from an unauthorised work stoppage and upheld the employer’s disciplinary process.

• Unfair Dismissal
• Disciplinary Procedure
• Strike Action
• Union Representation
• Costs Order
• Unfair-dismissal

Potgietersrus Platinum Mine v Kobe and Others (JA127/14)

Potgietersrus Platinum Mine v Kobe and Others (JA127/14) [2016] ZALAC 107 (8 March 2016)

Court

Labour Appeal Court

Case number

JA127/14

Judges

Davis, Tlaletsi, Musi

Labour Appeal Court dismissed an appeal and sent an unfair dismissal dispute back to the CCMA because the arbitrator failed to clarify a key procedural-substantive mismatch.

• Unfair Dismissal
• Procedural Fairness
• Arbitration Conduct
• Reinstatement
• Disciplinary Hearing
• Union Representation

Rabothata v Others v MEIBC and Others (JA40/2010)

Rabothata v Others v MEIBC and Others (JA40/2010) [2015] ZALAC 19 (3 June 2015)

Court

Labour Appeal Court

Case number

JA40/2010

Judges

Waglay, Landman, Mngqibisa-Thusi

The court found that the appellants failed to provide a reasonable and acceptable explanation for the excessive delay in prosecuting the appeal. The attempt to mislead the court by obtaining a second case number and presenting the appeal as a 2012 matter, when it was in fact a 2010 appeal, constituted a misrepresentation that undermined their case. The appellants did not take the court into their confidence or disclose relevant information regarding the delays and actions taken. The time lapses were excessive, and the disregard for the rules of the court was clear. In light of the misrepresen…

Source excerpt

• Condonation
• Reinstatement Of Appeal
• Misrepresentation
• Unfair Dismissal
• Union Representation

Mveltrans (Pty) Ltd t/a Bojanala Bus Services v Pule and Others (JA 72/13)

Mveltrans (Pty) Ltd t/a Bojanala Bus Services v Pule and Others (JA 72/13) [2014] ZALAC 63 (23 October 2014)

Court

Labour Appeal Court

Case number

JA 72/13

Judges

Waglay, Musi, Dlodlo

Labour Appeal Court upheld some dismissals for non-compliance with an ultimatum after an unprotected strike, but reinstated employees who showed they were unaware or had valid reasons.

• Unprotected Strike
• Dismissal For Misconduct
• Ultimatum Fairness
• Procedural Fairness
• Reinstatement
• Union Representation

Mvelatrans (Pty) t/a Bojanala Bus Services v Jackson and Others (JA72/13)

Mvelatrans (Pty) t/a Bojanala Bus Services v Jackson and Others (JA72/13) [2014] ZALAC 68 (23 October 2014)

Court

Labour Appeal Court

Case number

JA72/13

Judges

Waglay, Musi, Dlodlo

The Labour Appeal Court partly upheld an appeal over dismissals after an unprotected strike, reinstating employees who plausibly showed non-compliance or lack of notice.

• Unprotected Strike
• Ultimatum Fairness
• Substantive Fairness Of Dismissal
• Procedural Fairness
• Reinstatement
• Union Representation

Cedras and Another v Baywatch Terraces Body Corporate (C696/2013)

Cedras and Another v Baywatch Terraces Body Corporate (C696/2013) [2014] ZALCCT 73 (31 July 2014)

Court

Labour Court Cape Town

Case number

C696/2013

Judge

Rabkin-Naicker

The Labour Court dismissed a condonation application for a six-month late filing, finding the applicants gave no reasonable explanation for lengthy periods of inaction.

• Condonation
• Automatically Unfair Dismissal
• Late Filing
• Retrenchment
• Union Representation
• Late-filing