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South Africa decisions
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Garachv v African Bank Holdings Limited (2025/114171) [2025] ZALCD 30 (4 August 2025)
The Labour Court held that the employee’s dismissal was unlawful and ordered reinstatement pending a proper disciplinary hearing under the employer’s code.
Matakata v Passenger Rail Agency of South Africa (PRASA) and Others (Leave to Appeal) (17671/2023) [2025] ZAWCHC 329 (31 July 2025)
Leave to appeal refused in a PRASA dismissal case. The court held the applicant had no reasonable prospects and that his declaratory-relief case failed at the threshold.
Mokoena v West Rand District Municipality and Others (J599/22) [2025] ZALCJHB 320 (8 July 2025)
The court held that the 60-day period in section 57(2)(a)(i) of the Municipal Systems Act refers to working days, not calendar days, and excludes weekends and public holidays. The applicant was required to work Monday to Friday, and there was no agreement to work on public holidays. Counting 60 working days from 1 December 2016, the last day for signing the performance agreement was 28 February 2017. The applicant signed the agreement on 27 February 2017, within the prescribed period. Therefore, the jurisdictional requirements for the contract to lapse were not met, and the respondent's relia…
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POPCRU obo Moodley v National Commissioner of SAPS NO (2025/079210) [2025] ZALCJHB 257 (27 June 2025)
The court found that the respondents unlawfully dismissed the applicant by failing to follow the prescribed disciplinary procedures under the SAPS Discipline Regulations. The Fitness Board of Inquiry was not intended to address misconduct such as absence without permission, which must be dealt with through a disciplinary hearing. The applicant was deprived of procedural protections, and the respondents breached his employment contract. The applicant established a prima facie right to relief, irreparable harm due to loss of medical aid and income, and the balance of convenience favored grantin…
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Molefe v National Youth Development Agency (NYDA) and Others (2025/084031) [2025] ZALCJHB 248 (24 June 2025)
The Labour Court dismissed an urgent bid to interdict the NYDA from filling a post after an offer of employment was withdrawn, finding no prima facie right or balance of convenience.
Maboya v Department of Home Affairs and Others (J383/2022) [2025] ZALCJHB 97 (11 March 2025)
Review of a dismissal for unlawful immigration processing at OR Tambo Airport failed; the Labour Court found the dismissal substantively and procedurally fair.
Mtakata v Passenger Rail Agency of South Africa (PRASA) and Others (17671/2023) [2025] ZAWCHC 52 (18 February 2025)
The High Court dismissed a declaratory application challenging PRASA’s 2017 dismissal decision and found no basis to invalidate the disciplinary process.
Letlojane v Ratlou Local Municipality and Others (6451/24) [2025] ZANWHC 21 (3 February 2025)
The court found that the applicant failed to establish genuine urgency as required by Rule 6(12). The urgency was self-created because the applicant had a clear alternative remedy: the right to appeal or refer the dispute to the Bargaining Council, CCMA, or an accredited agency under the Labour Relations Act. The applicant did not demonstrate that he would not be afforded substantial redress in due course. The court emphasized that the right of access to court is fundamental but must be balanced against the need to follow established procedures. As a result, the application was struck from th…
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Hittler v Ethekwini Municipality and Others (D616/2024) [2025] ZALCD 2 (13 January 2025)
The applicant failed to plead a clear legal basis for his claim, either as a contractual breach or as a legality review. While the municipality's conduct in proceeding with a parallel internal disciplinary enquiry and dismissing the applicant during a pending s 188A pre-dismissal arbitration was contrary to established principles, the applicant did not frame his case in terms of breach of contract or review for illegality. The Labour Court's jurisdiction is determined by the pleadings, and a bald assertion of unlawfulness is insufficient. Consequently, the application was struck off for lack…
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De Grandi v South African Airways (SOC) Limited (22/24141) [2024] ZAGPJHC 864 (5 September 2024)
The High Court granted condonation and leave to amend pleadings in a dismissal dispute, finding the delay minimal and the proposed amendments sufficiently pleaded.
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