Skip to document content Skip to main menu Skip to search
profile image

Labour Court of South Africa, Cape Town

The Labour Court has the same status as a high court. The Labour Court adjudicates matters relating to labour disputes. Appeals are made to the Labour Appeal Court. 

Physical address
Twinell House, 1st Floor, 113 Loop Street, Cape Town, 8001
Visit website
https://www.justice.gov.za/labourcourt/
6 judgments
Advanced search
All years
Filters
  • Filters
  • Judges
  • Outcomes
  • Alphabet
Sort by:
6 judgments
Citation
Judgment date
September 2025
Mboya v Premier of Western Cape and Others (C335/2022) [2025] ZALCCT 27 (29 September 2025)
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.
 29 September 2025
City of Cape Town v South African Local Government Bargaining Council (Western Cape) and Others (C26/2023) [2025] ZALCCT 26 (16 September 2025)
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.
 16 September 2025
City of Cape Town v South African Local Government Bargaining Council (Western Cape) and Others (C26/2023) [2025] ZALCCT 33 (16 September 2025)
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.
 16 September 2025
Hough v Commission for Conciliation, Mediation and Arbitration and Others (C191/2024) [2025] ZALCCT 34 (16 September 2025)
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.
 16 September 2025
City of Cape Town v IMATU obo Mazwi and Others (C348/2024) [2025] ZALCCT 35 (12 September 2025)
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.
 12 September 2025
Nelworx (Pty) Ltd t/a OK Foods Strand v Commission for Conciliation, Mediation and Arbitration and Others (C473/2023) [2025] ZALCCT 36 (12 September 2025)
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.
 12 September 2025