Labour Appeal Court of South Africa

The Labour Appeal Court is a South African court that hears appeals from the Labour Court. The court was established by the Labour Relations Act, 1995, and has a status similar to that of the Supreme Court of Appeal.It has its seat in Johannesburg but also hears cases in Cape Town, Port Elizabeth and Durban.

Physical address

86 Juta Street, Arbour Square Building, 6th and 7th Floors, Corner Juta and Melle Streets, Braamfontein 2001

Visit website

https://www.justice.gov.za/labourcourt/

9 judgments

Advanced search

All years

All months

Filters

Sort by:

9 judgments

Citation	Judgment date
September 2021
Sasol Mine Limited v Nhlapo and Others (JA 20/2020) [2021] ZALAC 291 (9 September 2021) Reported Underground, pre‑planned unprotected sit‑in constituted a strike; dismissal for dangerous, obstructive conduct was procedurally and substantively fair. Labour law – Industrial action – Definition of strike (s 213 LRA) – Unprotected underground sit‑in; Schedule 8 item 6 – duty to contact union and issue ultimatum – when steps can be dispensed with; Substantive fairness – appropriate sanction for dangerous, pre‑planned illegal strike; Historical inconsistency – requires evidential basis.	9 September 2021
July 2021
Anglo American Platinum Ltd v Beyers N.O. and Others (JA 122/2019) [2021] ZALAC 1 (2 July 2021) Reported An employer may only overturn a disciplinary chairperson’s sanction if fairness, supported by evidence of exceptional circumstances, justifies intervention. Labour law – Disciplinary procedure – Employer intervention to alter chairperson’s sanction – Test is fairness informed by exceptional circumstances – Employer’s evidentiary burden to prove inconsistency or other exceptional justification – Doctrine of election considered in context of fairness.	2 July 2021
Ekhuruleni Metropolitan Municipality v Mandosela N.O. and Others (JA 29/2020) [2021] ZALAC 2 (2 July 2021) Reported Court limited interference with arbitrator's compensation and held project manager was not a TES, so deeming provisions did not apply. * Labour Law – Compensation for unfair dismissal – judicial interference with arbitrator's discretion – narrow review grounds (capriciousness, wrong principle, bias, no reason). * Labour Law – Fixed-term contracts – s198B deeming of indefinite duration where work not of limited duration. * Labour Law – Temporary Employment Service (TES) and s198A(3)(b) – requirement of a tripartite relationship to trigger deeming clause. * Administrative/Review – scope of Labour Court review of arbitration awards on quantum.	2 July 2021
June 2021
Association of Mineworkers and Construction Union ( AMCU) v UASA and Others (JA 108/2019) [2021] ZALAC 3 (29 June 2021) Reported An agency shop clause protecting only non-union members fails mandatory section 25(3) requirements and is therefore invalid. Labour law – Agency shop agreements – Section 25(3) LRA mandatory requirement that employees who are not members of the representative union not be compelled to join – Clause protecting only employees who are not members of any union fails to comply – Validity versus interpretation/application of collective agreements – Section 24(2) jurisdiction.	29 June 2021
NUMSA and Others v Marley Pipe Systems SA (Pty) Ltd (JA 33/2020) [2021] ZALAC 292 (23 June 2021) Reported Dismissals upheld: common purpose in violent unprotected strike established by inferential reasoning and failure to disassociate. Labour law – Collective misconduct – Unprotected strike – Common purpose doctrine in workplace context; presence not essential if prior/subsequent knowledge and intention to associate proved (Dunlop); use of circumstantial evidence (video, photographs, clock records) and failure to disassociate as basis for inferring complicity; summary dismissal for serious violent misconduct.	23 June 2021
Total South Africa (Pty) Ltd v Meyer N.O. and Others (JA 3/2020) [2021] ZALAC 293 (2 June 2021) Reported Court reduced solatium and held employer’s refusal of post‑retirement medical benefit an unfair labour practice against the applicant. Labour law – unfair dismissal – remedy under ss 193–194 LRA – discretion to award solatium and factors relevant to quantum (severance, post‑dismissal employment); Labour law – unfair labour practice – provision of benefits (PRMB) – differential treatment requires objective, rational, fair justification; review of arbitration award for failure to entertain key factual and legal issues.	2 June 2021
May 2021
Nyathikazi v Public Health and Social Development Sectorial Bargaining Council N.O. and Others (JA 106/2019) [2021] ZALAC 294 (26 May 2021) Reported Arbitrator reasonably found procurement approvals unlawful under PFMA/SITA, dismissal unfair due to inconsistent discipline and procedural defects. * Labour law – arbitration award review – reasonableness standard under Sidumo – whether an arbitrator’s findings on irregular expenditure and fairness of dismissal are one a reasonable arbitrator could reach. * Public finance – PFMA and Treasury Regulations – irregular expenditure arising from non‑compliant procurement and use of another organ of state’s contract. * SITA Act s 7(3) – procurement of IT goods/services through SITA and prohibition on unauthorised assignment. * Procedural fairness – waiver of right to be heard where hearing officials were initially in default. * Parity principle – inconsistent disciplinary treatment and its effect on fairness of sanction.	26 May 2021
National Commissioner of SA Police Services and Others v Phopho (PA 19/2019) [2021] ZALAC 296 (25 May 2021) Reported Section 36(2)’s 30‑day limit is directory; substantial compliance allowed and late applicant retrospectively reinstated. SAPS Act s36(2) – Interpretation of 30‑day time limit; directory vs peremptory time‑bar; substantial compliance doctrine; reinstatement after conviction set aside; procedural fairness and rationality of administrative decision.	25 May 2021
January 2021
Securitas Specialised Service (Pty) Ltd v Commission for Conciliation Mediation and Arbitration N.O. and Others (JA 6/2019) [2021] ZALAC 295 (22 January 2021) Reported An arbitration award will only be set aside on review if its outcome is one no reasonable decision-maker could have reached. Labour law – Review of CCMA awards – Sidumo test – Decision reviewable only if no reasonable decision-maker could have reached it; Review distinct from appeal; Procedural misdirection immaterial where outcome remains reasonable; Bias and minor recording errors must be shown to be material; Employer must prove serious misconduct (firearm threat) with adequate investigation; Sanction must align with progressive discipline.	22 January 2021