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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 |
