South Africa Case Law

Chill Beverages International (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (C160/2024)

Chill Beverages International (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (C160/2024) [2025] ZALCJHB 298 (14 July 2025)

Court

Labour Court Johannesburg

Case number

C160/2024

Judge

Venter

The Labour Court upheld an award finding dismissal unfair after a worker failed a breathalyser test but showed no impairment and unknowingly consumed alcohol in cough mixture.

• Dismissal For Alcohol Policy Violation
• Zero Tolerance Policy
• Substantive Fairness
• Proportionality Of Dismissal
• Review Of Arbitration Award
• Occupational Health And Safety

Enever v Barloworld Equipment South Africa, A Division of Barloworld South Africa (Pty) Ltd (JA86/22)

Enever v Barloworld Equipment South Africa, A Division of Barloworld South Africa (Pty) Ltd (JA86/22) [2024] ZALAC 12; [2024] 6 BLLR 562 (LAC); (2024) 45 ILJ 1554 (LAC) (23 April 2024)

Court

Labour Appeal Court

Case number

JA86/22

Judges

Waglay JP, Mlambo JA, Davis JA

The Labour Appeal Court held that the respondent's zero-tolerance policy prohibiting cannabis use, regardless of impairment or risk, was overbroad and irrational as applied to office-based employees who do not operate dangerous machinery. The policy violated the appellant's right to privacy by penalising conduct in her private life that had no effect on her work performance or workplace safety. The use of blood tests without evidence of impairment constituted an unjustifiable invasion of dignity and privacy. The differentiation between alcohol and cannabis users was arbitrary, as alcohol diss…

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• Unfair Dismissal
• Unfair Discrimination
• Right To Privacy
• Employment Equity Act
• Labour Relations Act
• Zero Tolerance Policy

SBX t-a DB Thermal(A Division of DBT(Pty) Ltd) v Nhlapo and Others (JR1383/19)

SBX t-a DB Thermal(A Division of DBT(Pty) Ltd) v Nhlapo and Others (JR1383/19) [2024] ZALCJHB 140 (22 March 2024)

Court

Labour Court Johannesburg

Case number

JR1383/19

Judge

Tlhotlhalemaje

The court found that the arbitrator's award reinstating the employee was not reasonable. The evidence established that the employee breached a cardinal safety rule by handling his mobile phone while operating a vehicle on site, despite being aware of the rule and its consequences. The arbitrator failed to properly consider the seriousness of the misconduct, the operational requirements for zero tolerance, and the lack of genuine remorse. The explanation for the delay in prosecuting the review was unsatisfactory, but the interests of justice and prospects of success warranted condonation and r…

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• Unfair Dismissal
• Review Of Arbitration Award
• Condonation For Late Filing
• Zero Tolerance Policy
• Consistency In Discipline

Tiger Brands (Pty) Ltd v AFADWU obo Mabizela and Others (JR346/20)

Tiger Brands (Pty) Ltd v AFADWU obo Mabizela and Others (JR346/20) [2023] ZALCJHB 301 (4 September 2023)

Court

Labour Court Johannesburg

Case number

JR346/20

Judge

T Gandidze

The Labour Court held that the commissioner’s decision to substitute dismissal with a final written warning and limited backpay was reasonable and supported by established legal principles. The employer’s reliance on a final written warning issued after the misconduct was improper, as such warnings are intended to deter future misconduct, not to justify dismissal for past acts. The employer’s delay in instituting disciplinary proceedings constituted gross mismanagement and undermined the fairness of the process. The commissioner correctly distinguished Mabizela’s case from others where dismis…

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• Unfair Dismissal
• Disciplinary Code
• Zero Tolerance Policy
• Progressive Discipline
• Review Of Arbitration Award

Samancor Chrome Ltd (Western Chrome Mines) v Willemse and Others (JR312/2020)

Samancor Chrome Ltd (Western Chrome Mines) v Willemse and Others (JR312/2020) [2023] ZALCJHB 150; (2023) 44 ILJ 2013 (LC) (29 May 2023)

Court

Labour Court Johannesburg

Case number

JR 312/2020

Judge

Van Niekerk

The Labour Court dismissed a review of an arbitration award, holding that the commissioner reasonably found the employer had not proved misconduct from the alcohol tests.

• Substantive Unfair Dismissal
• Zero Tolerance Policy
• Balance Of Probabilities
• Review Of Arbitration Award
• Labour-law
• Dismissal

NUMSA obo Nhlabathi and 1 Other v PFG Building Glass (PTY) Ltd (JR 1826 /2020)

NUMSA obo Nhlabathi and 1 Other v PFG Building Glass (PTY) Ltd (JR 1826 /2020) [2022] ZALCJHB 292; (2023) 44 ILJ 231 (LC); [2023] 2 BLLR 142 (LC) (1 December 2022)

Court

Labour Court Johannesburg

Case number

JR 1826 /2020

Judge

Prinsloo

The Labour Court found that the arbitrator's decision upholding the dismissal of the applicants was reasonable and supported by the evidence. The employer's zero-tolerance policy on drugs and alcohol, including cannabis, was valid and justified due to the hazardous nature of the workplace and the requirements of the Occupational Health and Safety Act. The applicants were aware of the policy and had received training. The Constitutional Court's judgment decriminalising cannabis for private use does not affect an employer's right to enforce workplace safety policies. The mitigating factors rais…

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• Unfair Dismissal
• Substance Abuse In Workplace
• Occupational Health And Safety
• Zero Tolerance Policy

Scaw South Africa (Pty) Ltd v NUMSA obo Sibiya and Others (JR 897/21)

Scaw South Africa (Pty) Ltd v NUMSA obo Sibiya and Others (JR 897/21) [2022] ZALCJHB 370 (1 September 2022)

Court

Labour Court Johannesburg

Case number

JR 897/21

Judge

S Snyman

Labour Court review of an arbitration award over alcohol-related dismissal in a safety-critical workplace. The award was set aside and dismissal upheld.

• Unfair Dismissal
• Review Of Arbitration Award
• Procedural Fairness
• Substantive Fairness
• Zero Tolerance Policy
• Breathalyser Testing

Route Management (Pty) Ltd v Goldschmidt, Sean N.O and Others (C120/2019)

Route Management (Pty) Ltd v Goldschmidt, Sean N.O and Others (C120/2019) [2022] ZALCCT 14 (8 April 2022)

Court

Labour Court Cape Town

Case number

C120/2019

Judge

Haffegee

Labour Court dismissed a review of an unfair-dismissal award, holding the commissioner’s decision on a zero-tolerance alcohol policy was reasonable.

• Unfair Dismissal
• Zero Tolerance Policy
• Breathalyser Testing
• Substantive Fairness
• Commissioner Bias
• Review Of Arbitration Award

Air Products South Africa (Pty) Ltd v Matee and Others (JR763/18)

Air Products South Africa (Pty) Ltd v Matee and Others (JR763/18) [2021] ZALCJHB 332 (30 September 2021)

Court

Labour Court Johannesburg

Case number

JR763/18

Judge

D Mahosi

Labour Court review of an arbitration award concerning dismissal for breaching a zero-tolerance alcohol policy at a dangerous workplace.

• Unfair Dismissal
• Zero Tolerance Policy
• Substantive Fairness
• Employment Equity
• Occupational Health And Safety
• Unfair-dismissal

KWS Carries v National Bargaining Council for the Road Freight and Logistics Industry and Others (JR1261/16)

KWS Carries v National Bargaining Council for the Road Freight and Logistics Industry and Others (JR1261/16) [2019] ZALCJHB 295 (17 October 2019)

Court

Labour Court Johannesburg

Case number

JR1261/16

Judge

P Nkutha-Nkontwana

The court found that the arbitrator misconceived the nature of the enquiry by disregarding the Zero Tolerance Policy and speculating about the reliability of the breathalyser tests without evidentiary basis. The evidence established that Mr Mokwena tested positive for alcohol on two calibrated instruments, and the employer's policy required absolute sobriety for truck drivers. The arbitrator failed to properly consider the evidence of impairment and the operational requirements of the employer and its clients. The dismissal was substantively fair given the seriousness of the misconduct and th…

Source excerpt

• Dismissal For Alcohol Use
• Zero Tolerance Policy
• Review Of Arbitration Award
• Substantive Fairness
• Procedural Fairness