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South Africa decisions
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Food and Allied Workers Union and Others v Earlybird Farm and Another (JS1076/2013) [2019] ZALCJHB 1 (9 January 2019)
The Labour Court found dismissals for participation in an unprotected strike procedurally and substantively unfair, but declined reinstatement and ordered four months' compensation.
Mhlongo v Minister of Education, KwaZulu Natal and Others (D189/15) [2017] ZALCD 21 (25 October 2017)
The Labour Court lacks jurisdiction to determine the applicant's review application because the complaints raised do not constitute administrative action under PAJA, and the applicant failed to comply with statutory timeframes and did not exhaust internal remedies. The applicant's reliance on section 157 of the LRA was not pleaded and does not override the requirement to follow prescribed dispute resolution mechanisms. The application was ill-considered, and the issues raised, while concerning, are not for this Court to determine. No order as to costs is warranted in the interests of law and…
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Mashigo v South African Airways (Pty) Ltd (JS488/12) [2014] ZALCJHB 366 (25 September 2014)
The Labour Court dismissed an automatically unfair dismissal claim, finding the employee was dismissed for misconduct and fraud, not retaliation for grievance activity.
Benjamin v COLCAB (C 912/2010) [2013] ZALCCT 30 (9 July 2013)
The Labour Court dismissed an automatically unfair dismissal claim, finding the employee failed to show a prohibited reason and that late coming drove the dismissal.
Ngcobo and Others v Chester Butcheries (D 268/2011) [2012] ZALCD 11; (2012) 33 ILJ 2932 (LC) (8 May 2012)
The Labour Court held that the applicants failed to show a prima facie case that bonus non-payment was linked to a protected strike, so the claim was dismissed.
National Union of Mineworkers obo Jongilanga and Another v Civil & General Contractors CC and Another (P54/08) [2011] ZALCPE 6; (2011) 32 ILJ 2709 (LC) (4 May 2011)
The court found that the applicants failed to produce sufficient evidence to raise a credible possibility that the second applicant's dismissal was automatically unfair under section 187(1) of the Labour Relations Act. The evidence showed that the termination of employment was due to the expiry of a fixed term contract, not because of trade union membership or refusal to resign from the union. The alleged third contract was found to be fabricated, and the resignation document was a standard administrative form, not a tool of coercion. The applicants' case was undermined by inconsistencies and…
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G v Minister of Safety and Security and Another (D495/06) [2010] ZALC 312 (18 June 2010)
The Labour Court granted absolution from the instance in a sexual harassment claim, finding the applicant failed to prove harassment or SAPS vicarious liability.
G v Minister of Safety & Security and Another (D495/06) [2010] ZALCD 15 (18 June 2010)
Labour Court held the applicant failed to prove sexual harassment in a consensual workplace relationship, granted absolution, and ordered costs against her.
Cosme v Polisak (Pty) Ltd (JS 600/07) [2010] ZALC 12; (2010) 31 ILJ 1861 (LC) (22 January 2010)
The Labour Court held that Cosme’s dismissal was automatically unfair, finding no valid communicated retirement policy and a retaliatory, age-based motive.
Seaward v Securicor SA (Pty) Ltd (JA 68/06) [2009] ZALAC 9 (28 August 2009)
The Labour Appeal Court held that Seaward’s dismissal was automatically unfair because he was penalised for representing a co-employee and lodging grievances.
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