South Africa Case Law

Shoprite Checkers (Pty) Ltd v SACCAWU obo Ramolobeng and Others (JR725/23)

Shoprite Checkers (Pty) Ltd v SACCAWU obo Ramolobeng and Others (JR725/23) [2025] ZALCJHB 279 (25 February 2025)

Court

Labour Court Johannesburg

Case number

JR725/23

Judge

M. T. M. Phehane

The applicant failed to prove the existence of a workplace rule prohibiting employees from removing waste products. The evidence before the arbitrator showed that neither the store manager nor the disciplinary chairperson could identify such a rule, and the first respondent was unaware of any prohibition until disciplinary proceedings commenced. The charge against the first respondent did not reference a 'waste policy', and the Workplace Rules cited by the applicant pertained to goods fit for consumption, not discarded waste. No evidence was presented that removing waste posed a risk to the a…

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• Unfair Dismissal
• Review Of Arbitration Award
• Workplace Rules
• Substantive Fairness
• Credibility Assessment

SAMWU obo Sizani v City of Cape Town South African Local Government and Others (C135/2022)

SAMWU obo Sizani v City of Cape Town South African Local Government and Others (C135/2022) [2024] ZALCCT 30 (12 July 2024)

Court

Labour Court Cape Town

Case number

C135/2022

Judge

Ackermann

The Labour Court found that the Commissioner had properly weighed the mutually destructive versions of events and applied the correct legal principles in resolving factual disputes. The Commissioner’s preference for the employer’s version was reasonable, given the corroboration of evidence and the lack of credible explanation from the applicant for failing to contact his supervisor. The applicant’s conduct constituted a breach of a clear workplace rule regarding the safeguarding of employer assets. The sanction of dismissal for gross negligence was appropriate, considering the seriousness of…

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• Review Of Arbitration Award
• Gross Negligence
• Dismissal For Misconduct
• Credibility Of Witnesses
• Workplace Rules
• Code Of Good Practice

National Union of Metalworkers South Africa and Another v Commission for Conciliation, Mediation and Arbitration and Others (JR 935/2020)

National Union of Metalworkers South Africa and Another v Commission for Conciliation, Mediation and Arbitration and Others (JR 935/2020) [2023] ZALCJHB 240 (10 August 2023)

Court

Labour Court Johannesburg

Case number

JR 935/2020

Judge

Van Niekerk

The Labour Court dismissed a review of an arbitration award upholding a dismissal for dishonesty, finding no gross irregularity or misconception of the enquiry.

• Review Of Arbitration Award
• Substantive Fairness Of Dismissal
• Gross Irregularity
• Workplace Rules
• Credibility Assessment
• Labour-law

South African Sugarcane Research Institute v Commission for Conciliation, Mediation and Arbitration and Others (D1148/18)

South African Sugarcane Research Institute v Commission for Conciliation, Mediation and Arbitration and Others (D1148/18) [2021] ZALCD 3 (7 June 2021)

Court

Labour Court Durban

Case number

D1148/18

Judge

S.B. Mgaga

Labour Court dismissed a review of an arbitration award after finding the commissioner reasonably resolved mutually destructive versions and credibility issues.

• Unfair Dismissal
• Review Of Arbitration Award
• Credibility Assessment
• Workplace Rules
• Condonation
• Labour-law

Lucas Dysel Crouse Incorporated v Commission for Conciliation, Mediation and Arbitration and Others (C784/2018)

Lucas Dysel Crouse Incorporated v Commission for Conciliation, Mediation and Arbitration and Others (C784/2018) [2021] ZALCCT 3 (19 February 2021)

Court

Labour Court Cape Town

Case number

C784/2018

Judge

Lagrange

The court found that the arbitrator conflated the practice of voluntary disclosure among employees with the existence of a workplace rule, and failed to appreciate the seriousness of the breach of confidentiality and the impact of excessive non-work computer usage on performance. The arbitrator's findings on the absence of workplace standards and the lack of comparative evidence were unreasonable. The court held that the third respondent was guilty of the first and third charges but not the second, and that her dismissal was substantively fair. The applicant's late filing was condoned due to…

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• Unfair Dismissal
• Insubordination
• Breach Of Confidentiality
• Workplace Rules
• Review Of Arbitration Award

Department of Home Affairs v GPSSBC and Others (JR1358/13)

Department of Home Affairs v GPSSBC and Others (JR1358/13) [2016] ZALCJHB 323 (23 August 2016)

Court

Labour Court Johannesburg

Case number

JR1358/13

Judge

Steenkamp

The Labour Court found that the arbitrator's decision was not unreasonable. The arbitrator correctly concluded that the Department had not proven that the employee contravened the workplace rule, as the 2009 memorandum requiring supervisor authorisation had been superseded by a 2011 memo requiring only a registry coat of arms stamp. The evidence supported the finding that the employee extended the permits in accordance with the updated procedure, and the Department failed to prove that the permits were extended without authorisation, after expiry, or in the absence of the permit holders. The…

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• Unfair Dismissal
• Review Of Arbitration Award
• Workplace Rules
• Procedural Fairness
• Substantive Fairness

Dikobe v Mouton N.O. and Others (JA45/2015)

Dikobe v Mouton N.O. and Others (JA45/2015) [2016] ZALAC 30; [2016] 9 BLLR 902 (LAC); (2016) 37 ILJ 2285 (LAC) (15 June 2016)

Court

Labour Appeal Court

Case number

JA45/2015

Judges

Ndlovu, Sutherland, Murphy

The Labour Appeal Court held that Sun City failed to prove a clear, communicated voucher rule, so the dismissal of an off-duty employee was unjustified.

• Unfair Dismissal
• Workplace Rules
• Reinstatement
• Arbitration Review
• Unfair-dismissal
• Workplace-rules

Dikobe v Sun City (JA 45/2015)

Dikobe v Sun City (JA 45/2015) [2016] ZALAC 67 (15 June 2016)

Court

Labour Appeal Court

Case number

JA 45/2015

Judges

Ndlovu, Sutherland, Murphy

The court found that the employer failed to prove the existence, content, scope, and effective communication of any workplace rule prohibiting the appellant's conduct. The arbitrator did not properly interrogate the alleged rule, and the evidence did not demonstrate a breach of any reasonable or known rule. The dismissal was therefore unjustified. The Labour Court erred in assuming the rule was common cause. Given the absence of intolerability or impracticability, reinstatement is warranted. The delays in prosecution were minor and satisfactorily explained. Costs are awarded to the appellant,…

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• Unfair Dismissal
• Workplace Rules
• Reinstatement
• Condonation
• Arbitration Review

Sylvania Metals (Pty) Ltd v Mello NO and Others (JR3246/11)

Sylvania Metals (Pty) Ltd v Mello NO and Others (JR3246/11) [2015] ZALCJHB 35 (12 February 2015)

Court

Labour Court Johannesburg

Case number

JR3246/11

Judge

Molahlehi

Labour Court review of a CCMA award on dismissal for working without a work permit and leaving a disciplinary meeting; the review was dismissed with costs.

• Unfair Dismissal
• Insubordination
• Progressive Discipline
• Arbitration Review
• Reinstatement
• Workplace Rules

Beaurain v Martin NO and Others (C16/2012)

Beaurain v Martin NO and Others (C16/2012) [2014] ZALCCT 16; (2014) 35 ILJ 2443 (LC) (16 April 2014)

Court

Labour Court Cape Town

Case number

C16/2012

Judge

Steenkamp

Facebook posts about filthy toilets at Groote Schuur Hospital were held not to be a protected disclosure; the dismissal for gross insubordination was fair.

• Protected Disclosure
• Automatically Unfair Dismissal
• Gross Insubordination
• Workplace Rules
• Whistleblowing
• Protected-disclosure