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South Africa decisions
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Moodley-Veera v Commission for Conciliation, Mediation, and Arbitration and Others (JR 1200/2020) [2024] ZALCJHB 89 (22 February 2024)
The Labour Court dismissed a review of an arbitration award upholding a dismissal for misconduct, finding the award reasonable and supported by the evidence.
Magongwa v East London Industrial Development Zone (SOC) Ltd (EL466/15 ; ECD: 866/15) [2020] ZAECELLC 8 (28 May 2020)
The court found that the withdrawal of delegated powers from the plaintiff was a temporary and limited measure, intended to address a cash flow crisis and improve operational efficiency. The evidence did not support the plaintiff's contention that she was stripped of her duties or that the withdrawal was directed at her alone. The CEO retained the authority to delegate and withdraw functions as necessary, and the plaintiff continued to perform her duties during the relevant period. The court held that there was no repudiation of the employment contract, as the defendant's conduct did not obje…
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Nortje v University of KwaZulu Natal (D858/10) [2016] ZALCD 11 (1 June 2016)
The Labour Court dismissed an automatically unfair dismissal claim based on alleged protected disclosures and found the dismissal substantively and procedurally fair.
Potgieter v Tubaste Ferrochrome and Others (JA71/12) [2014] ZALAC 32; (2014) 35 ILJ 2419 (LAC) (12 June 2014)
Labour Appeal Court held that a mine employee’s media disclosure was a protected disclosure and ordered retrospective reinstatement, not compensation.
POTGIETER V TUBATSE FERROCHROME & Others (JA 71/12) [2014] ZALAC 114 (12 June 2014)
Labour Appeal Court held that a whistleblower's media disclosure about environmental pollution was protected and ordered retrospective reinstatement.
Beaurain v Martin NO and Others (C16/2012) [2014] ZALCCT 16; (2014) 35 ILJ 2443 (LC) (16 April 2014)
Facebook posts about filthy toilets at Groote Schuur Hospital were held not to be a protected disclosure; the dismissal for gross insubordination was fair.
Matteus v Octagon Marketing (Pty) Ltd (J 2264/13) [2013] ZALCJHB 317 (17 September 2013)
The Labour Court granted an interim interdict stopping disciplinary action against an employee who claimed protection after disclosing alleged misconduct by the CEO.
Arbuthnot v South African Municipal Workers Union Provident Fund (JS575/09) [2011] ZALCJHB 166 (15 September 2011)
The Labour Court held that Arbuthnot’s dismissal was automatically unfair because it followed a protected disclosure under the Protected Disclosures Act.
Communication Workers Union and Other v Mobile Telephone Networks (Pty) Limited (JS 803/03) [2003] ZALC 59; (2003) 24 ILJ 1670 (LC); [2003] 8 BLLR 741 (LC) (26 May 2003)
The Labour Court held that an employee’s emails about alleged agency favoritism were not protected disclosures under the PDA, and discharged the rule nisi.
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