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Citation
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Judgment date
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| September 2025 |
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A post‑termination restraint and confidentiality undertaking unenforceable where employer fails to prove confidential information or inducible client connections.
Labour law – restraint of trade – enforceability assessed by Basson/Reddy reasonableness factors; confidentiality – particularity required under Townsend; urgency – court may hear despite applicant’s delay when substantive relief would otherwise be nugatory.
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19 September 2025 |
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A WhatsApp instruction that the applicant "should not return after leave" constituted dismissal and was automatically unfair due to age.
Employment law; electronic communication — WhatsApp message amounting to dismissal; automatically unfair dismissal — age discrimination under s187(1)(f); defence of normal retirement age under s187(2)(b) requires evidential proof; remedy — just and equitable compensation under s194(3); costs discretion under s162 LRA.
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9 September 2025 |
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Urgent review struck for lack of urgency; attorney authority under Rule 7 upheld based on board resolution and affidavit power of attorney.
Labour law — Review of arbitration award — Urgency — LRA s145 and Practice Manual timeframes — Rule 7 High Court Rules — Authority of attorneys — Power of attorney need not pre-exist or be filed before acting — Principle of subsidiarity regarding constitutional rights.
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1 September 2025 |
| July 2025 |
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A dismissal for perjury was held substantively and procedurally unfair where intent was not established and proper procedure not followed.
Labour law – dismissal for alleged dishonesty – intent required for perjury not established – reasonableness of arbitrator’s findings – procedural fairness – deviation from disciplinary code – reinstatement and back pay – review of arbitration award.
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23 July 2025 |
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Arbitration award set aside for unreasonableness; condonation granted for late filing; dismissal of respondent found substantively fair.
Labour law – review of arbitration award – condonation for late filing – reasonableness of the award – proper consideration of material evidence – role of CCTV footage – assessment of credibility – treatment of hearsay evidence – dismissal upheld as substantively fair. |
23 July 2025 |
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A review application not prosecuted within statutory timeframes may be dismissed, and an arbitration award made an order of court.
Labour law – Review application – Delay – Practice Manual and Labour Court Rules – Application deemed withdrawn for failure to prosecute – Court’s discretion to dismiss lapsed review – Abuse of process – Arbitration award made order of court – Costs.
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16 July 2025 |
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Labour Court lacks general jurisdiction to quash disciplinary charges absent a pleaded statutory or contractual basis; in‑medias‑res review is restricted.
Labour law – Jurisdiction of the Labour Court – section 157(1) LRA – limits to intervention in incomplete disciplinary proceedings; Booysen narrowed. Judicial review – review in medias res – section 158(1B) LRA – interlocutory rulings generally not reviewable absent exceptional circumstances. Procedural pleading requirements – jurisdictional basis must be pleaded and a permissible ground for review articulated (section 157(1)(h)). Delay and waiver – delay in instituting disciplinary action and alleged employer waiver do not justify quashing charges absent proper statutory/pleaded basis.
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15 July 2025 |
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A disciplinary sanction for serious misconduct was set aside for lacking clear reasoning and remitted for proper reconsideration.
Labour law – review of disciplinary sanction – serious misconduct – dishonesty and sexual harassment – rationality of sanction – improper consideration of relevant factors – setting aside of sanction and remittal for proper determination.
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14 July 2025 |
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A review application was reinstated despite late filing, as prospects of success outweighed inadequate explanation, with costs awarded against the applicant.
Labour law – Review application – Condonation for late filing – Reinstatement of review – Requirements of good cause – Adequacy of explanation for delay – Prospects of success – Discretion of the court – Costs following negligent conduct.
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14 July 2025 |
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The court ruled that the settlement agreement covered only severance pay, dismissing 'res judicata' defense.
Labour Law – Settlement Agreement – Scope of Claims Settled – 'Res judicata' and 'Lis pendens'.
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1 July 2025 |
| June 2025 |
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Condonation for late review of arbitration award denied; settlement agreement upheld due to ostensible authority.
Labour Law - Settlement Agreement - Authority - Ostensible Authority - Arbitration Review - Condonation Refusal
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19 June 2025 |
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Court dismisses application contesting suspension due to unresolved factual disputes and inadmissibility of key evidence.
Labour law - Authority to instruct attorneys - Admissibility of meeting transcript - Validity of municipal manager suspension without council vote.
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10 June 2025 |
| May 2025 |
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Respondents held in contempt for failing to reinstate employees after award certification and appeal exhaustion.
Labour law – Contempt of court – Compliance with certified arbitration awards – Tendering services within stipulated periods – Authority of directors to enforce compliance.
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19 May 2025 |
| February 2025 |
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RAF liability conceded; court awards quantum after assessing disputed expert evidence on brain injury and earning capacity.
Road Accident Fund – liability admitted; quantum only – disputed expert evidence on traumatic brain injury and functional sequelae – proof of loss of earnings and prospect of artisan career – application of contingencies and actuarial guidance – costs, Section 17(4)(a) undertaking and interest/payment conditions.
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13 February 2025 |
| January 2025 |
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Labour Court grants interim contract renewal pending arbitration due to reasonable expectation of permanency.
Labour Law – fixed-term contracts – reasonable expectation of renewal – interim relief pending arbitration.
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21 January 2025 |
| July 2024 |
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Rescission refused where default judgment followed effective service; internal State Attorney failures do not justify rescission.
Rule 42(1)(a) – rescission of default judgment – absence must be involuntary; service on State Attorney effective – internal administrative failure no excuse; "erroneously granted" means a fact existed which, if brought to the judge’s attention, would have induced refusal of judgment; broad residual discretion to refuse rescission; costs awarded on attorney-and-client scale (Scale B for specified period).
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12 July 2024 |
| July 2023 |
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A court resolved a levy-account dispute on the papers, ordered R143,201.88 from trust paid to the body corporate, and awarded costs.
Trust funds – levy dispute – debit/credit debtor transaction schedule accepted as reliable – no genuine disputes of fact on papers – declarator and payment from trust ordered; costs against owners.
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17 July 2023 |
| February 2022 |
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Dismissal for medical incapacity lies in arbitration; court orders each party to bear its own costs for reasons of fairness.
Labour law — Jurisdiction — dismissal for medical incapacity — arbitration under s191(5) and exclusion under s157(5). Civil procedure — CCMA certificate of outcome — commissioners should not unilaterally fix forum by reclassifying disputes. Costs — s162 LRA — discretion guided by fairness and protection of vulnerable employees; costs do not automatically follow the result.
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28 February 2022 |
| August 2021 |
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Reported
Arbitrator lacked jurisdiction to decide uniform dispute after settlement deeming employees permanent; award set aside.
Labour law – s198A deeming provision – effect of settlement deeming temporary workers as client’s employees – scope and application of s198D – CCMA jurisdiction to decide ancillary post‑settlement disputes (e.g. uniforms) – assumption of jurisdiction reviewable.
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13 August 2021 |
| July 2020 |
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Reported
A municipal manager’s renewal of fixed‑term contracts contrary to council resolution and the Systems Act was unlawful and void ab initio.
Administrative law – Legality review of municipal manager’s appointment decisions; Municipal Systems Act ss55, 67 and s72(1)(c); Section 195 constitutional values; Ultra vires appointments; Arbitrator lacks jurisdiction to determine legality; Fixed‑term contracts extended unlawfully – void ab initio; Costs awarded.
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26 July 2020 |
| April 2020 |
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Reported
Psychometric ranking for new posts did not amount to an unfair selection method for retrenchment; dismissal was substantively fair.
Labour law – operational-requirement retrenchment – restructuring and dislocation – use of psychometric assessments to rank applicants for new posts – assessment for appointment not equivalent to selection for dismissal under s189(2)(b) – competing for posts legitimate method to avoid dismissal – consideration of alternatives and refusal of offered posts.
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17 April 2020 |
| September 2019 |
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Reported
Restraint unenforceable absent protectable customer connections or confidential trade secrets; recollected knowledge may be used.
Restraint of trade – enforceability – protectable interest required in customer connections or trade secrets Customer connections – need demonstrable, deep personal attachment likely to cause customers to follow employee Trade secrets – specific confidential information formulated and conveyed by employer distinguished from general recollected knowledge and experience Recollected knowledge and industry know‑how – employee free to use and disclose Plascon‑Evans approach – applicant must make specific averments; public/closed tenders may negate confidentiality
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10 September 2019 |
| July 2019 |
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A municipal manager’s extension of fixed‑term contracts contrary to council resolution and statutory recruitment procedures is ultra vires and void.
Local government – Municipal Systems Act s55, s67 and s72 – requirement for recruitment, selection and appointments consistent with council policy; Public administration values (s195 Constitution); Legality review – municipal manager’s extension of fixed‑term contracts ultra vires; Labour procedure – jurisdictional boundary between Labour Court legality review and bargaining council arbitration; Remedies – declaration of invalidity and costs.
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26 July 2019 |
| May 2019 |
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Reported
Court interdicted disciplinary hearing pending review where chair refused to decide waiver and review rights existed.
Labour law; review under s158(1)(h) LRA – presiding officer’s rulings reviewable; functus officio – absence of a decision; waiver by unreasonable delay between suspension and charge; absolution from the instance – no clear statutory power for disciplinary chair; urgent interdict to protect review rights.
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31 May 2019 |
| January 2019 |
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Reported
Backpay under a reinstatement order accrues only after the respondent actually reinstates the applicant; contempt, not a contractual claim, enforces compliance.
Labour law – Reinstatement orders – ad factum praestandum – backpay payable only upon actual reinstatement – remedy for non‑compliance: contempt of court – tender of services by union agent – section 77(3) BCEA claims vs enforcement of reinstatement orders.
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31 January 2019 |
| December 2018 |
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Inconsistent disciplinary treatment, including offering a comparator resignation, can render dismissal substantively unfair and justify reinstatement.
Labour law – review of arbitration award – reasonableness standard – award reinstating employee upheld as one a reasonable commissioner could reach. Disciplinary procedure – sanction – relevance of expired warnings and procedural opportunity to challenge final written warning. Disciplinary consistency – comparator offered resignation/separation – inconsistent treatment may render dismissal substantively unfair. Gross negligence – mislabeling by commissioner not material where dismissal was for breach of rule potentially constituting gross negligence. Costs – no costs where parties remain in employment relationship.
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28 December 2018 |
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Reported
Non-placement in section 189 competitive placements is not automatically an unfair promotion dispute; reinstatement cannot resurrect an extinct post.
Labour law – CCMA jurisdiction – unfair labour practice (promotion) – distinction between competitive placement in section 189 restructuring and promotion disputes – interpretation of s186(2)(a) and s193(4) – limits on arbitrator’s power to order reinstatement where post is extinct – appropriate remedy often compensation.
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20 December 2018 |
| November 2018 |
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Reported
Labour Court: pre-final CCMA rulings may be reviewed in exceptional cases, but urgency and prospects must be shown; relief refused.
Labour Law – review of CCMA rulings – section 158(1B) – review of decisions during unfinished arbitration only in exceptional and just circumstances. Urgency – Rule 8 – self-created urgency; applicant must show substantial redress not available in due course. Functus officio – provisional jurisdictional rulings are not final; section 144(b) permits correction/variation for obvious error or omission. Interdict – requirements for interim interdict in context of pending arbitration (prima facie right, irreparable harm, balance of convenience, no alternative remedy). Costs – abuse of process and hopeless urgent applications may attract adverse costs orders under section 162 LRA.
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6 November 2018 |
| October 2018 |
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A commissioner must determine the real dispute and allow condonation before dismissing a collective-agreement referral as time-barred.
Labour law – jurisdiction of bargaining council – interpretation/application of collective agreements (OSD) v unfair labour practice; referral time limits and condonation; commissioner’s duty to determine the real dispute; review for material irregularity where matter dismissed for delay without opportunity to clarify referral.
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3 October 2018 |
| September 2018 |
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Commissioner reasonably found dismissal procedurally fair; Labour Court erred in setting aside the award.
Labour law – unfair dismissal – procedural fairness – whether separate mitigation hearing required where sanction was debated at disciplinary enquiry. Labour law – standard of review – reasonableness of arbitration award – whether Labour Court properly assessed reasonableness before setting aside award. Administrative fairness – participation of council members who gave evidence – whether participation caused bias affecting fairness. Employment law – misconduct consisting of dishonesty under oath – irretrievable breakdown of trust as grounds for dismissal. Procedural issues – entitlement to employer-funded legal representation and condonation of late internal appeal.
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25 September 2018 |
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Reported
Arbitrator misapplied s193(2) LRA; reinstatement ordered (to retirement date) after dismissal found unfair.
Labour law – unfair dismissal – remedy – reinstatement is primary remedy under LRA s193(2); exceptions require that continued employment be 'intolerable' or reinstatement be not 'reasonably practicable' – arbitrator's conflation of workplace harmony with statutory exceptions reviewable; delay and retirement do not preclude reinstatement for period to retirement.
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21 September 2018 |
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A one‑year, nationwide non‑compete preventing respondents from working in recruitment was unreasonable and unenforceable.
Restraint of trade – protectable interests – customer connections and goodwill protectable; confidential information must be particularised. Restraint of trade – reasonableness – duration and geographic scope assessed against employees’ right to work and employer’s prejudice. Employment law – post‑employment non‑compete clauses – one‑year nationwide prohibition held to be overbroad and unenforceable in context.
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19 September 2018 |
| August 2018 |
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Commissioner ignored material oral evidence; notice to union constituted notice to employees; sanction remitted to CCMA.
Labour law – Review – commissioner disregarded material oral evidence – award unreasonable; Labour law – Relocation/transfer policy – requirement to give at least 30 days’ notice – notice to union and attending employees can constitute notice to employees; Labour law – Procedural fairness – shop steward protections and formalistic procedural complaints; Remedy – review sets aside award but remits sanction to CCMA for de novo determination by a different commissioner.
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21 August 2018 |
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Precautionary suspension upheld where council gave reasons, considered representations, and suspension was tied to ongoing investigation.
Labour law – precautionary suspension – Local Government Disciplinary Regulations for Senior Managers reg 6 – sufficiency of notice and representations – suspension lawful where council has reason to believe presence may jeopardize investigation – urgency not established.
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17 August 2018 |
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Whether arbitrator reasonably found applicant dishonest and grossly negligent, thereby justifying dismissal.
Labour law – review of arbitration award – reasonableness standard (Gold Fields) – whether arbitrator reasonably found dishonesty and gross negligence; Trust relationship – whether misconduct destroyed trust justifying dismissal; Remedy – review, setting aside award and reinstatement backdated to arbitration date.
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15 August 2018 |
| November 2015 |
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Reported
An automatic TES termination clause that denies LRA protections is unenforceable and client-driven mass retrenchments fall under Labour Court jurisdiction.
Labour law; fixed-term contracts; automatic termination clauses; Temporary Employment Services (TES); section 5 LRA invalidates clauses preventing exercise of LRA rights; client-driven automatic termination may constitute dismissal; CCMA lacks jurisdiction over mass retrenchments (s191(5)(b)); substantive-over-form approach to termination reason.
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12 November 2015 |
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Redesign/redeployment was substantively fair; procedural failures under s189 rendered the dismissal procedurally unfair.
Labour law – retrenchment and redeployment – operational requirements and restructuring; s189 consultation obligations – failure to issue s189(3) notice and restricted representation; reasonable alternative employment and consequences of unreasonable rejection; remedy where dismissal substantively fair but procedurally unfair.
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5 November 2015 |
| September 2015 |
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Reported
Applicant’s recorded meeting did not disclose misconduct and thus was not a protected disclosure; interdiction refused.
Protected Disclosures Act – definition and scope of "disclosure" – must disclose or tend to disclose criminal or other misconduct and be in good faith; participatory recording distinguished from prohibited interception; occupational detriment under s3 PDA; authenticity of transcripts an evidentiary matter for disciplinary hearings.
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30 September 2015 |
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Reported
Whether a designation change amounted to an unfair promotion absent qualifications and prescribed promotion procedure, and appropriate remedy.
Labour law – unfair labour practice relating to promotion – promotion versus translation in rank – jurisdiction of bargaining council – minimum qualification requirements – non-compliance with Public Service Regulations – appropriate remedial relief (demotion with salary retention).
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17 September 2015 |
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Reported
Agreed written-arbitration procedure was permissible; compensation reduced to reinstatement with 12 months backpay due to unjustified departure from reinstatement.
Labour arbitration procedure – parties agreed written submissions – application format permissible where parties legally represented and pre-arbitration minute records common cause facts. Review – gross irregularity – commissioner’s discretion to call oral evidence; failure to do so not automatically reviewable. Substantive unfairness – mitigation by belief in section 701 delegation could render fraud/corruption off the table. Remedy – reinstatement is primary remedy; delay alone insufficient to displace reinstatement without evidence of impracticability or intolerability. Condonation – late cross-review may be granted where explanation and prospects of success are fair to good.
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8 September 2015 |
| July 2015 |
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Labour Court: dismissal substantively justified but procedurally unfair; four months' compensation ordered.
Labour law; review of arbitration award under s145(2) LRA; reasonableness/gross irregularity standard; procedural fairness (adequate notice, access to documents, mitigation and appeal opportunities); waiver/late charging; cumulative misconduct, reinstatement vs compensation.
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31 July 2015 |
| June 2015 |
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Arbitral award set aside because arbitrator applied the wrong dispute procedure and improperly barred the applicant from defending.
Collective agreements – dispute-resolution procedure – procedural amendments apply to pending disputes from effective date; arbitrator applied incorrect collective agreement and lacked power to bar party for failing to comply with a provision deleted by later agreement; condonation rulings misconstrued and rescinded; jurisdictional effect of certificate of outcome; review where gross irregularity and unreasonable exercise of discretion.
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26 June 2015 |
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Reported
Reinstatement may be refused where post‑dismissal conduct and loss of trust make continued employment intolerable.
Labour law – unfair dismissal – reinstatement is the default remedy subject to s193(2) exceptions – continued employment intolerable and not reasonably practicable where trust destroyed by post‑dismissal conduct and failure to cooperate – award of compensation instead of reinstatement upheld on review.
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12 June 2015 |
| May 2015 |
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Arbitrator’s preference for a corroborated employee version upheld; dismissal found substantively unfair and award confirmed.
Labour law – unfair dismissal – evaluation of mutually destructive versions; corroboration by colleague; weight of corroboration and bias; duty of arbitrator to assist lay representatives; putative irregularity where details emerge in cross-examination; reinstatement as default remedy.
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29 May 2015 |
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Reported
Liquidation suspends court proceedings; failure to give statutory notice to liquidators results in abandonment and dismissal of default judgment.
Companies law – winding‑up and liquidation – effect on civil proceedings – s359 Companies Act 61/1973 (preserved by Companies Act 71/2008 transitional provisions) – statutory written notice to liquidator – failure to give notice treats proceedings as abandoned; Labour law – default judgment – suspension of proceedings during liquidation.
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28 May 2015 |
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An arbitrator must reinstate an employee after finding unfair dismissal unless intolerability is proven.
Labour law – Arbitration award review – Unfair dismissal – Primary remedy of reinstatement under s193 LRA – Exceptions where continued employment is intolerable – Employer must prove intolerability objectively – Arbitrator’s denial of reinstatement for non‑participation when employee found not guilty reviewed and set aside.
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21 May 2015 |
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Award upheld: skills‑audit translations applied only to employees already acting in Level‑7 posts; decision was reasonable.
Labour law – Review under s145 LRA – reasonableness standard (Sidumo/Bato Star) applied to arbitration awards. Public service – RVQ13/skills‑audit translations vs promotions – translation limited to employees already acting in higher posts. Unfair labour practice – promotion/translation disputes – procedural and substantive fairness, employer discretion to prefer experienced acting incumbents.
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19 May 2015 |
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Reported
Although the municipal manager lacked authority, the applicant was estopped and the respondents' reinstatement upheld.
Labour law – unfair dismissal – bargaining council jurisdiction – validity of contracts signed by a public official lacking authority – principle of legality v ostensible authority/estoppel – discretionary suspension of invalidity to avoid injustice – reinstatement remedy.
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14 May 2015 |
| March 2015 |
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Reported
Employer’s maternity-leave policy discriminated by denying paid leave to commissioning parent under a surrogacy agreement.
Employment Equity Act – unfair discrimination – maternity leave policy limited to biological females – discrimination against commissioning parents in surrogacy agreements; Children’s Act and Constitution – best interests of the child paramount; Civil Union Act – recognition of parental status; remedy – declaratory relief, two months’ pay, costs.
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26 March 2015 |
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Unilateral council ‘abolishment’ of a valid fixed-term municipal manager contract constitutes a dismissal; arbitration award upheld.
Labour law – jurisdictional review (dismissal) – right-or-wrong de novo test; Municipal Systems Act ss 56 & 57 – interpretation and effect of 2011 amendments; validity of fixed-term section 56 appointments; unilateral council ‘abolishment’ of contract constitutes dismissal under s186(1)(a); impermissibility of raising new grounds on review not placed before arbitrator; parties bound by pre-arbitration agreement; employer may not resort to self-help to declare contracts void; arbitration award upheld and made court order.
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20 March 2015 |
