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South Africa decisions
Decisions matching the current search
Roberts v Mabuza (A091314/2024) [2025] ZAGPJHC 668 (2 July 2025)
The High Court dismissed an appeal against a protection order, holding that repeated profane and demeaning workplace remarks amounted to harassment under the Act.
Horn V Commissioner Beesnaar N.O and Others (JA66/2020) [2021] ZALAC 56; (2022) 43 ILJ 115 (LAC) (18 November 2021)
The Labour Appeal Court held that the appellant’s dismissal for assault was both substantively and procedurally fair. The misconduct, though occurring outside the mine premises, was directly relevant to the employment relationship and justified disciplinary action. The commissioner correctly found that the appellant, despite provocation, had a choice to leave the scene and failed to do so. The physical response was not justified by the provocation or self-defence, as the retaliation was not reasonable or proportional. The commissioner’s findings were reasonable and supported by the evidence,…
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Legal Aid South Africa v Mayisela and Others (CA9/17) [2019] ZALAC 1; [2019] 5 BLLR 421 (LAC); (2019) 40 ILJ 1526 (LAC) (5 February 2019)
The Labour Appeal Court upheld Legal Aid South Africa’s appeal, finding the employee’s repeated refusals, accusations, and threats amounted to insubordination.
SAEWA obo Bester v Rustenburg Platinum Mine and Another (JA45/16) [2017] ZALAC 23; (2017) 38 ILJ 1779 (LAC); [2017] 8 BLLR 764 (LAC) (3 May 2017)
The Labour Appeal Court held that the term “swartman” had to be assessed in context and objectively, and reinstated the CCMA award finding the dismissal unfair.
Simmers v Campbell Scientific Africa (Pty) Ltd and Others (C751/2013) [2014] ZALCCT 34; [2014] 8 BLLR 815 (LC); (2014) 35 ILJ 2866 (LC) (9 May 2014)
Labour Court review of a CCMA award on alleged sexual harassment, unprofessional conduct and dismissal. The court found the conduct inappropriate but not dismissible.
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