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Citation
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Judgment date
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| February 2026 |
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Union successfully enforced employees' contractual right to a 13th cheque; employer’s belated workplace‑practice defence rejected.
Employment law – enforcement of contractual benefits – 13th cheque as contractual entitlement versus workplace practice – Plascon‑Evans on disputes of fact – s77(3) BCEA jurisdiction – joinder and locus standi – discretionary refusal of postponement – costs discretion in employment disputes.
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4 February 2026 |
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Whether non‑compliance with mandatory promotion application requirements justified exclusion from shortlisting.
Labour law – Review of bargaining‑council arbitration award under s145 LRA – Reasonableness/Sidumo and Herholdt tests – Mandatory compliance with prescribed application form (National Instruction 3 of 2015; SSSBC Agreement 3 of 2011) – Shortlisting and promotion – Materiality of application errors – Compensation quantum.
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4 February 2026 |
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An order to shortlist on re‑advertisement was held limited to the first re‑advertisement and did not support contempt for a 2025 advertisement.
Contempt of court – enforcement of prior Labour Court order to shortlist – whether order applies to subsequent re‑advertisements – requirements for contempt (existence of order, notice, non‑compliance) – lay litigant procedural leniency does not dilute evidentiary burden.
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3 February 2026 |
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Joinder dismissed for lack of jurisdiction where applicants failed to refer disputes to the CCMA; non-lawyer cannot represent others.
Labour law – Joinder – Jurisdiction – Mandatory CCMA conciliation referral required before Labour Court – Representation before Labour Court governed by section 161 LRA – Non-lawyer prohibited from representing others – Condonation and prescription rendered moot by lack of jurisdiction.
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3 February 2026 |
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Court reinstated review and condoned late filing but dismissed review for lack of reasonable prospects of success.
Labour law – review of condonation rulings – exercise of discretion – prospects of success must be considered for short delays; procedure – Rule 7A(5)/Rule 37 notice – applicant deemed aware when notice received via respondent; condonation of late filing with Registrar; substantive unfair‑dismissal prospects where employee loses service firearm and ammunition.
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2 February 2026 |
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Appeal leave refused: commuted overtime is a contractual entitlement and suspension cannot be justified by an employee exercising access to courts.
Labour law – precautionary suspension – reasonableness review – commuted overtime as contractual remuneration – statutory compensation under s 194 LRA as solatium – access to courts cannot justify suspension; leave to appeal (s 17 Superior Courts Act) requires reasonable prospects of success.
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2 February 2026 |
| January 2026 |
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Application to award High Court scale and attorney-and-own-client costs after withdrawal denied; court orders no costs under s162 LRA.
Rule 43(1)(b) – costs after withdrawal; Labour Relations Act s162 – judicial discretion and fairness in costs orders; constitutional matters and chilling effect on access to court; appropriateness of High Court scale costs in Labour Court; limits on transferring matters from Labour Court to High Court.
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30 January 2026 |
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Labour Court reviewed arbitration award, finding CCMA jurisdiction and that dismissal following cancelled secondment was substantively and procedurally fair.
Labour law – CCMA jurisdiction – de facto employment and secondment arrangements; review on reasonableness (Sidumo) – commissioner’s misconstruction of evidence; retrenchment – redundancy triggered by cancellation of consulting/secondment arrangement; procedural fairness – adequacy of consultation; costs under LRA.
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29 January 2026 |
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Commissioner’s reliance on untested witness evidence deprived the applicant of a fair hearing; award set aside.
Labour law — review of arbitration award — gross procedural irregularity — denial of right to complete cross‑examination — fairness of hearing — evaluation of conflicting witness versions — unfair labour practice — remedy: removal of warning and back pay.
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27 January 2026 |
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Review dismissed: arbitrator reasonably found dismissal for gross negligence over failure to operationalise contracts and collect rebates.
Labour law — Review of arbitration award under s145 LRA — Sidumo/Herholdt reasonableness test — Gross negligence dismissal for failing to operationalise trade agreements and collect rebates — Job description and Buying Commission Procedure as evidencing duties — Parole evidence rule not fatal to reliance on policies.
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23 January 2026 |
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Dismissal for off‑duty DUI lacked sufficient nexus to employment; dismissal unfair and reinstatement ordered.
Labour law – off‑duty misconduct – requirement of nexus between private conduct and operational requirements – relevance of aggravating/mitigating factors and progressive discipline – review of arbitration award – reinstatement ordered.
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22 January 2026 |
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Respondents held in contempt for failing to pay judgment-arrears; employer may deduct intervening earnings for post-judgment period.
Labour law – retrospective reinstatement – arrear remuneration: judgment debt for pre-judgment period; contractual claim for post-judgment period – contempt proceedings competent to enforce retrospective reinstatement – employer may require accounting for intervening earnings when calculating post-judgment arrears – Rule 58 non-compliance condoned.
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20 January 2026 |
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Registrar erred by imposing extra-formalities; founding resolution and evidence satisfied s95 and organisation is genuine.
Labour law – registration of employers’ organisations – s 95(3) prerequisites (name, constitution, address) – evidentiary sufficiency of founding resolution and affidavits versus contemporaneous minutes – s 95(7) genuineness inquiry – limits of s 95(8) guidelines – freedom of association – Registrar’s gatekeeping powers.
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19 January 2026 |
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Applicant failed to prove municipal manager acted unlawfully; collective-bargaining disputes are for arbitration, application dismissed.
Labour Court review under s158(1)(h) — Municipal manager powers (Systems Act ss55,66,67) — TASK job evaluation vs promotion — MFMA irregular/extraneous expenditure allegation — Collective agreements (LLF, SALGBC) and arbitration under s33A ousting Labour Court jurisdiction — evidentiary burden to place staff establishment, budget and recruitment policy before court.
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19 January 2026 |
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Rejection of promotion application for failure to use the mandatory prescribed form was held lawful and not reviewable.
Labour law – Review of arbitration award – Unfair labour practice allegation arising from promotion process – Mandatory use of prescribed application form per National Instruction No 3/2015 – Non-compliance allows rejection – Arbitrator’s decision reasonable and entitled to deference – No gross irregularity or arbitrariness warranting review.
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16 January 2026 |
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Arbitrator's reinstatement upheld where employer's compromised investigation failed to prove alleged theft.
Labour law – unfair dismissal – review of arbitration award – proof of theft – preservation and documentation of evidence – investigative failings undermine employer's case – Schedule 8 item 7 considerations – reinstatement with limited back pay.
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15 January 2026 |
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Contempt requires proven wilfulness and mala fides; ambiguous settlement terms do not justify a contempt finding.
Contempt of court — elements: valid order, service, non‑compliance and requirement of wilfulness and mala fides; Interpretation of settlement agreements and Endumeni principles; Ambiguity in orders precludes contempt enforcement; UIF/medical forms dispute insufficient to infer mala fides.
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14 January 2026 |
| November 2025 |
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Employer’s hostile handling of legitimate medical leave and docking pay constituted constructive, unfair dismissal.
Labour law – constructive dismissal – employer’s handling of sick leave and docking pay – breach of implied term of mutual trust and confidence – recall to office versus intolerability – duty to pursue internal remedies.
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25 November 2025 |
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Arbitrator’s award set aside for failing to resolve material factual disputes and making speculative findings; matter remitted for de novo arbitration.
Labour law — Review under s145 LRA — Condonation for late filing — Gross irregularity — Arbitrator’s failure to decide material disputes of fact — Errors of fact/logic/law — Speculative findings — Remittal for de novo arbitration.
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25 November 2025 |
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Whether an arbitrator may decide the relevance of a qualification absent agreed factual foundations in a stated case.
Labour law – statutory arbitration by stated case – construction of written stated case – scope must identify questions and agreed facts; arbitrator’s jurisdiction to decide issues framed by the stated case; factual issues require agreed or proven facts – failure to provide such facts and lack of reasoning renders award reviewable and irrational.
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25 November 2025 |
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Exemption from a bargaining council obligation requires up‑to‑date financial evidence, employee consultation, and a viable turnaround plan; absence justifies refusal.
Labour law – bargaining council collective agreements – exemption applications – relevant factors (unfair competition, collective bargaining, employee consultation, business viability) – affordability requires current financial evidence and turnaround plan – standard of review – non‑joinder of panel compiler not fatal where no decision‑making role.
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25 November 2025 |
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Arbitral award set aside for gross irregularity where commissioner applied s200A presumption without allowing evidence to rebut it.
Labour law – arbitration review – procedural fairness – s145 LRA reasonableness review – s200A rebuttable presumption of employee status – failure to hear evidence/gross irregularity – audi alteram partem.
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17 November 2025 |
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Review dismissed: arbitrator reasonably found dismissal fair where employee pleaded guilty and was on a valid final written warning.
Labour law — review of arbitration award — reasonableness standard — dismissal as sanction — final written warning and guilty plea — procedural fairness — inconsistency allegations.
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17 November 2025 |
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Whether withholding an informal transport benefit can be unfair based on employer conduct rather than legal entitlement.
Labour law – Unfair labour practice (benefits) – Focus on fairness of employer conduct not entitlement – Apollo Tyres applied – Lawfulness not a defence to unfairness – Reasonableness review standard – Compensation as discretionary non‑patrimonial remedy – Costs awarded in interest of fairness.
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14 November 2025 |
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An arbitrator misdirected himself by retaining grossly guilty police officers; dismissal substituted for one respondent, another matter moot due to resignation.
Labour law – Review of disciplinary sanctions – penalty review – two-stage reasonableness test (error/irregularity then whether decision a reasonable one). Police discipline – breakdown of trust/intolerability in continued employment – public confidence and operational requirements of SAPS. Sanctions – gross dishonesty and misconduct may justify dismissal; suspension without pay may be a gross irregularity if disproportionate. Mootness – resignation may render review in respect of a former employee academic.
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13 November 2025 |
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Court substituted dismissal for one officer after finding an irretrievable breakdown of trust and a grossly inappropriate suspension.
Labour law – review of disciplinary sanction – penalty review – two‑stage reasonableness test; breakdown of trust/intolerability in police employment; gross irregularity where sanction is disproportionate; mootness where employee resigned.
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13 November 2025 |
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Majoritarian section 32 extensions do not require prior hearings for non‑parties; limitation of hearing rights is constitutionally justified.
Labour law – Extension of collective agreements (s32 LRA) – Majoritarian automatic extensions; administrative action – right to be heard – section 36 limitation justified by policy of majoritarianism – representativeness determinations under s49 – internal compliance with bargaining council constitution – validity of across‑the‑board wage clause.
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13 November 2025 |
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Arbitrator’s acquittals upheld where common purpose not proven; discretion on reinstatement and limited back‑pay affirmed.
Labour law — review of arbitration award — protected strike — common purpose doctrine — evidentiary requirements for imputing liability to strikers — discretion in retrospective reinstatement and back‑pay — union standing to cross‑review.
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12 November 2025 |
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Whether common purpose can be imputed to strikers and whether an arbitrator’s sanction and reinstatement/back‑pay discretion was reasonable.
Labour law — review of arbitration award — reasonableness standard; Strike misconduct — application of common purpose doctrine to strikers present at incidents; Disciplinary sanctions — cumulative offences and employer’s sanction benchmark; Remedies — discretion to order retrospective reinstatement and to limit back‑pay; Procedural — trade union locus standi to cross‑review on behalf of members.
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12 November 2025 |
| October 2025 |
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Review of non‑reinstatement dismissed: deemed dismissal under Public Service Act; applicants failed to show good cause and delayed unreasonably.
Public Service Act s17 (deemed dismissal) – Labour Relations Act s158(1)(h) (review of state as employer) – requirement to show 'good cause' for reinstatement – reasonable time for bringing review applications – OHS/COVID‑19 compliance and evidence – PSCBC Resolution inapplicable to statutory deemed dismissals.
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20 October 2025 |
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Whether telling the CEO “screw you” amounted to gross insubordination making dismissal fair.
Labour law – Review of arbitration award – Insult to CEO (‘screw you’) — distinction between insolence and insubordination — misconduct may be elevated where wilful, serious and public challenge to authority — Rule 7A(8)(a) notice non‑compliance not automatically fatal — service by email and commencement of review period — ‘helping hand’ duty to unrepresented litigants.
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17 October 2025 |
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Whether a lapsed review should be reinstated and dismissal for a trainee auditor’s dishonesty was fair and proportionate.
Labour law — reinstatement of lapsed review (condonation); disciplinary fairness — gross dishonesty; sanction proportionality in auditing profession; EFT-testing procedure; adequacy of charge particulars; operational reasons for non-suspension.
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9 October 2025 |
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Commissioner’s failure to swear witnesses and to postpone in absentia breached fairness, warranting review and remittal for a new arbitration.
Labour arbitration — procedural fairness — failure to administer oath or affirmation to witnesses; admissibility of unsworn evidence; audi alteram partem — proceeding in party's absence and denial of opportunity to make closing submissions; review on grounds of gross procedural irregularity; remedy — set aside and remit for de novo arbitration.
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2 October 2025 |
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Reliance on untested hearsay and speculative inferences rendered the dismissal unfair; award reviewed and reinstatement ordered.
Labour law — review of arbitration award — condonation for late filing — admissibility of hearsay — failure to call material witness — circumstantial evidence and drawing inferences — employer’s onus under s.192(2) LRA — gross irregularity — substitution vs remittal — reinstatement and costs.
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2 October 2025 |
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Application to compel consultation dismissed: interest dispute, no s135 certificate, and relief rendered moot.
Labour law – organisational rights and consultation – interest v rights disputes – jurisdictional prerequisite of section 135(5) certificate – mootness of relief after implementation – costs and practitioner conduct (de bonis propriis).
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2 October 2025 |
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Urgent relief for payslips and a suspension notice was inappropriate; BCEA enforcement mechanisms apply and the application was struck off.
Labour law — BCEA s33 — entitlement to payslips — enforcement via Chapter 10 (labour inspector, compliance orders) rather than urgent High Court/Labour Court proceedings. Labour law — BCEA s34 — scope limited to lawful deductions; no obligation to issue particularised notice of unpaid suspension where arbitration award prescribes deduction. Urgency — applicant must show absence of alternative timely remedy; existence of statutory enforcement mechanism defeats urgency. Mootness and costs — substantial compliance by employer renders urgent relief moot; vexatious persistence can attract costs.
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1 October 2025 |
| September 2025 |
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Delay in advertising and irregular acting do not automatically invalidate a promotion process absent evidence the selection was tainted or would have produced a different result.
Labour law – unfair labour practice (promotion) – fairness of process leading to advertisement, shortlisting and interviews; prolonged acting appointments and compliance with public service regulations; admissibility and weight of evidence not put in cross-examination; onus to prove ‘would have been appointed’; review standard – whether award is one a reasonable arbitrator could reach.
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29 September 2025 |
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Leave to appeal dismissed where applicant failed to show a reasonable prospect of success or identify reviewable arbitrator misconduct.
Labour law – review of arbitration award – leave to appeal – reasonable prospect test – alleged arbitrator misconduct – grounds not raised in review – doctrine of fictional fulfilment – backpay (overtime, night shift, standby allowances) – functus officio – legal error vs reviewable irregularity.
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26 September 2025 |
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Arbitrator erred by requiring proof of physical tampering; co-owner’s dismissal for electricity tampering was substantively fair.
Labour law — Review of arbitration award — Reasonableness standard under s 145 LRA — Arbitrator’s misconception of statutory liability under Electricity Supply By‑Law (s 26) — Owner/occupier/consumer liability for tampering — Where tampering proved, liability may be inferred without proof of physical act — Dismissal for dishonesty and theft-equivalent conduct can be substantively fair.
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16 September 2025 |
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Arbitrator misapplied s26 (electricity by‑law); reinstatement was unreasonable and dismissal was substantively fair.
Labour law — Review of arbitration award — Sidumo reasonableness standard — Arbitrator misconceived legal test under Electricity Supply By‑Law s26 — Liability of consumer/occupier/owner for tampering — Inference of awareness/accomplice liability — Dismissal for dishonesty upheld.
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16 September 2025 |
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Unexplained late filing and willful non-attendance at arbitration justify refusal of condonation and dismissal of review of rescission.
Labour law – review of CCMA rescission ruling – Sidumo reasonableness standard; Condonation – requirements and necessity of full explanation; Rescission under s144 LRA – willful default, reasonable explanation and prospects of success; Postponement/attendance – no right to postponement; indulgence of commissioner; Mootness and prejudice where sanction has expired.
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16 September 2025 |
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Recharacterising admitted gross misconduct as mere negligence without basis rendered the commissioner’s award unreasonable; dismissal was fair.
Labour law – review of arbitration award – Sidumo reasonableness standard applied. Gross misconduct and gross negligence – admitted admissions cannot be recharacterised without evidentiary basis. Misuse of employer vehicle and exposing operational equipment – serious breaches justifying dismissal for employees in sensitive positions. Relief – re‑employment versus reinstatement; inappropriate to leave placement solely to employer when dismissal justified.
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12 September 2025 |
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Provocation did not justify the respondent’s workplace assault; dismissal was substantively fair.
Labour law — Review of CCMA award — Sidumo reasonableness standard — whether arbitrator misapplied provocation as mitigation. Employment discipline — Assault at workplace — proportionality, immediacy and reasonableness of response to provocation. Code of Good Practice: Dismissal — gravity of misconduct and duties of security personnel. Procedural review — failure to consider material facts may render outcome unreasonable.
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12 September 2025 |
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Restraint enforced to protect applicant’s confidential client information, but overbroad geographic relief was narrowed to identifiable 100 km areas.
Labour law – Restraint of trade – Rule 38 procedure – Existence and breach of restraint – Protectible interest in confidential client lists and fee structures – Reasonableness and proportionality – Geographic scope limited to contractual 100 km radius – Destruction of client contact information – Costs awarded.
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11 September 2025 |
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Non‑renewal of a fixed‑term contract amounted to dismissal where renewal was objectively and subjectively expected; dismissal was unfair.
Labour law — fixed‑term contracts — reasonable expectation of renewal — non‑renewal constitutes dismissal under s186(1)(b)(i) — employer cannot use expiry to avoid disciplinary process — review standard: correctness for dismissal determination; reasonableness for fairness findings.
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9 September 2025 |
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Review refused: commissioner reasonably found permanent demotion disproportionate due to inconsistent prior sanctions; award upheld.
Labour law – review of arbitration award – penalty review – consistency in disciplinary sanctions – reasonableness (Sidumo) – demotion as sanction – employer’s duty to communicate change in disciplinary standards.
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8 September 2025 |
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Unilateral late change to bonus date triggered an unprotected strike; dismissal was procedurally fair but substantively unfair, reinstatement ordered.
Labour law — Unprotected strike — Employer’s unilateral late alteration of bonus payment without consultation; Item 6 Schedule 8 LRA — seriousness, attempts to comply, employer’s conduct — procedural fairness of disciplinary inquiry — reinstatement with limited retrospective backpay.
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5 September 2025 |
| August 2025 |
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Legal advice privilege protects opinions and related council deliberations; inadvertent disclosure did not waive privilege and privileged material was struck out.
Legal advice privilege – communications and deliberations revealing legal opinions obtained in anticipation of litigation; inadvertent disclosure – does not necessarily waive privilege where privilege is promptly asserted; review records – duty to produce complete record does not override legal advice privilege; striking out – privileged material inadmissible and may be struck out; remedial relief – redaction and replacement affidavits, prohibition on publication.
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29 August 2025 |
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Appointment review dismissed due to lack of procedural defect and unreasonable delay; SASSA employees not governed by the Public Service Act.
Labour law – SASSA employees – applicability of Public Service Act – meaning of State in s158(1)(h) LRA – review of appointment – legality – delay in instituting review – procedural fairness – relevant prejudice.
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19 August 2025 |
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Bona fide criticisms or asserting labour-rights do not constitute an "arbitrary ground" under section 6(1) EEA.
Employment Equity Act s6(3) - harassment as unfair discrimination; interpretation of "any other arbitrary ground"; unlisted grounds must be analogous to listed grounds (attributes impairing dignity); amendment and excipiability; scope of discrimination remedies under EEA.
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18 August 2025 |
