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Labour Court of South Africa, Johannesburg

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
86 Juta Street, Arbour Square Building, 6th and 7th Floors, Corner Juta and Melle Streets, Braamfontein 2001
447 judgments
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447 judgments
Citation
Judgment date
July 2025
Review of dismissal for poor performance denied as no causal link to mental health proved.
Labour Law – Review of arbitration award – Dismissal for poor work performance – Mental health considered – Condonation for late filing.
4 July 2025
June 2025
Court dismisses urgent application as moot for contesting completed recruitment decisions.
Labour Law - Recruitment Process - Urgency - Mootness of Application.
30 June 2025
Application to interdict congress dismissed for lack of urgency and due to pending High Court case.
Labour Law – urgent applications – time compliance – doctrine of lis pendens – jurisdiction of High Court in contractual disputes.
30 June 2025
Court enforces restraint of trade to protect an employer's commercial interests against former employee's competitive threat.
Labour Law – Restraint of trade – Enforcement of agreement against former employees – Confidential information and trade connections as protectable interests – Reasonableness of restraint and urgency in application.
30 June 2025
Court interdicted strike involving essential services employees and dismissed a contempt application in a labour dispute.
Labour Law - Right to Strike - Essential Services - Interdict of Strike Action - Contempt of Court in Labour Disputes
20 June 2025
The court upheld the dismissal of an employee for using vulgar language in a workplace meeting, ensuring procedural fairness.
Labour Law - dismissal - use of inappropriate language - arbitration review - assessment of witness credibility
20 June 2025
Termination of employment was not unfair as Plaintiff reached agreed retirement age of 65, per institutional policy.
Labour law - dismissal - automatically unfair dismissal - age discrimination - normal or agreed retirement age - section 187(1)(f) and 187(2)(b) of the Labour Relations Act.
20 June 2025
Application for interim interdict against strike action dismissed; collective agreements interpreted to support strike rights.
Labour law — Strike action — Requirements for interim interdict — Interpretation of cooling-off period in collective agreements — Jurisdictional rulings — Protected strike demands.
20 June 2025
The court dismissed an urgent interdict application, lacking jurisdiction and locus standi, in a disciplinary hearing matter.
Labour Law – Interim interdict to prevent disciplinary hearings – Locus standi and jurisdiction – Exceptional circumstances for intervention – Urgency and irreparable harm criteria.
19 June 2025
Court orders reinstatement for miners, deeming dismissal unfair and compensation an unreasonable remedy.
Labour Law – Unfair dismissal – Primary remedy reinstatement unless impracticable or intolerable – Jurisdiction of CCMA in unfair dismissal disputes – Review of arbitral awards.
19 June 2025
Applicant's challenge to disciplinary procedures against union constitution dismissed as baseless interpretation of rules.
Labour Law – Union membership – Precautionary suspension – Interpretation of union constitution – Validity of disciplinary procedures.
19 June 2025
Stay of writ of execution granted due to unresolved factual dispute over interest calculation on judgment debt.
Labour law - writ of execution - interest calculation on judgment debt - stay of execution pending declaratory relief
19 June 2025
Court dismisses review application upholding dismissal for failure to comply with workplace mask mandate.
Labour Law – unfair dismissal – non-compliance with workplace COVID-19 rules – consistency in disciplinary measures.
19 June 2025
Exception dismissed as plaintiffs' contract-based claim was sufficiently pleaded; defendant's exception deemed baseless.
Labour Law – exception to a statement of claim – contract of employment – jurisdiction under section 77(3) of BCEA.
19 June 2025
The court upheld the Commissioner's decision that the Applicant's dismissal for misconduct was fair, rejecting the review application.
Labour Law – Dismissal – Review of CCMA award – Reasonableness standard for arbitration awards – Procedural and substantive fairness in dismissals.
19 June 2025
Court upheld exception due to lack of cause of action, granting applicant leave to amend within 15 days.
Labour Law – Mutual separation agreement – Confidentiality and breach – Requirements for exception and interdictory relief – Procedural compliance.
18 June 2025
An employee's dismissal for dishonest misrepresentation upheld as within reason by arbitrator, despite claimed procedural misunderstandings.
Labour Law – Dismissal for misconduct – dishonesty – reasonableness of arbitrator’s decision – adherence to bank policy and integrity.
18 June 2025
The dismissal was found automatically unfair as it retaliated against the plaintiff's exercising of her labor rights.
Labour Law - Automatically unfair dismissal - Retrenchment claimed to mask retaliation for employee's legal actions under Labour Relations Act - Causation and bad faith motives examined.
18 June 2025
Labour Court cannot hear Employment Equity disputes without prior conciliation at the CCMA.
Labour Law – Jurisdiction – Employment Equity Act – Conciliation at CCMA – Jurisdiction of Labour Court for discrimination claims.
18 June 2025
Court reinstates a review application mistakenly archived, finding timely compliance with filing and service requirements.
Labour Law – Review application – Timely filing and service of arbitration record – Compliance with service rules – Reinstatement of application.
18 June 2025
The dismissal for allegations of fraud and misconduct deemed substantively unfair due to procedural and evidential shortcomings.
Labour Law – Dismissal – Substantive and procedural fairness – Fraud, insolence, poor performance, and resource misuse examined under labor law without clear policy support.
17 June 2025
Labour Court holds legal proceedings suspended during business rescue, not affecting jurisdiction.
Labour Law – unfair dismissal – Jurisdiction of Labour Court – business rescue proceedings – section 133 Companies Act
13 June 2025
Labour Court lacks jurisdiction for 'unlawful suspension'; the matter is dismissed due to res judicata and lack of urgency.
Labour Law - Jurisdiction - Unlawful suspension vs. unfair labour practice - Res judicata - Urgency in urgent applications.
13 June 2025
Court dismisses special plea of res judicata as applicant was not part of settlement agreement.
Labour Law - Res Judicata - Requirements for applying res judicata in employment disputes - Exclusion from settlement agreement
13 June 2025
Suspension lapses if the disciplinary hearing doesn't commence in three months; execution of order pending appeal granted.
Labour Law - Disciplinary Proceedings - Suspensions - Interpretation of regulation 6(6)(a) - Section 18 application for execution pending appeal.
11 June 2025
Dismissal unfairness addressed; reinstatement impracticable; compensation determined viable under NHI project's fixed-term framework.
Labour Law – Unfair dismissal – Arbitrator's decision on remedy – Practicability of reinstatement under NHI pilot project.
10 June 2025
Application for leave to appeal struck off due to procedural non-compliance by secondary respondents after primary withdrawal.
Labour Law – application for leave to appeal – implication of withdrawal by primary respondent – procedural non-compliance by co-respondents.
9 June 2025
Contractual claim for unpaid remuneration upheld; employer breached contract by failing to pay plaintiffs' salaries.
Employment law – Breach of employment contract – Employer's obligation to remunerate – Validity of employment during expired work permit.
9 June 2025
Review application dismissed; dismissal deemed substantively fair within legal contextual framework.
Labour Law – Review of arbitration award – Reasonableness of decision – Application of absenteeism rules in context of COVID-19 regulations
9 June 2025
Court set aside award for Shiba's reinstatement, affirming dismissal as fair due to workplace harassment.
Labour law - Unfair dismissal review - Procedural and substantive fairness - Workplace harassment and protection orders.
9 June 2025
The court set aside the CCMA's arbitration award, finding the employee's dismissal for safety misconduct justified.
Labour law - review of CCMA arbitration award - application of safety rules - reasonableness of commissioner’s decision
6 June 2025
Procedural and substantive fairness in retrenchment scrutinized; compensation upheld due to impracticality of reinstatement.
Labour Law – procedural fairness in large scale retrenchment – substantive fairness – operational necessity – compensation vs. reinstatement.
5 June 2025
The court dismissed an application declaring the National Congress lawful, citing procedural non-compliance.
Trade union governance – Validity of union meetings and office bearers – Procedural compliance with union constitution – Presidential discretion in meeting scheduling.
4 June 2025
Labour Court lacked jurisdiction to declare non-compliance with collective agreement unlawful; should pursue arbitration instead.
Labour Law – Jurisdiction of Labour Court – Collective Agreement Non-compliance – Unfair Labour Practice – Enforcement of Arbitration Award
4 June 2025
Arbitration award set aside; remitted for new hearing due to procedural errors and unreasonable decision-making.
Labour Law – unreasonableness of an arbitration award; procedural irregularities in arbitration; improper admission of evidence; substantive and procedural fairness in dismissal.
4 June 2025
Failure to comply with procedural rules in review applications justifies a costs order against the responsible party.
Labour Law – Compliance with court rules – Record dispatch in review applications – Costs for non-compliance
3 June 2025
May 2025
Urgent application to stay execution of earlier court order due to defective service and pending rescission application.
Labour Law – urgent application – service of court orders – balance of convenience in granting interim relief pending rescission.
30 May 2025
Stay of arbitration award enforcement granted pending review due to urgency and potential irreparable harm.
Labour Law – Arbitration award – Stay of enforcement pending review application – Urgency and security for costs.
30 May 2025
Arbitrator's decision of reinstatement upheld as dismissal for workplace assault considered substantively unfair.
Labour Law – Dismissal – Substantively unfair dismissal – Review of arbitration award – Determination of appropriate sanction for assault in the workplace.
30 May 2025
The court held that employee dismissal for desertion was substantively fair, overturning the arbitrator's decision.
Labour Law – unfair dismissal – desertion – absence without permission – review of arbitration award
30 May 2025
Respondent's reliance on procedural manual for delayed filing was unreasonable, condonation for late response denied.
Labour Law – Condonation application – Late filing of response – Reasonableness of reliance on procedural manual dismissed.
29 May 2025
The Labour Court upheld an arbitrator’s finding of substantively unfair dismissal due to unawareness of debriefing rules.
Labour Law – Review of Arbitration Award – Reasonableness of Dismissal – Standard Operating Procedure Communication
28 May 2025
Employees failed to substantiate contempt claims against the Department in compliance with a migration settlement agreement.
Labour Law – Contempt of Court – Compliance with settlement agreement as an arbitration award and court order – Evidence required for contempt.
28 May 2025
Resignation in response to a temporary salary cut during COVID-19 does not constitute constructive dismissal.
Labour Law – Constructive Dismissal – Application of section 186(1)(e) of the LRA – Impact of temporary salary reductions due to exceptional circumstances like COVID-19.
28 May 2025
Arbitrator's dismissal of unfair dismissal ruling upheld as decision was reasonable and supported by evidence.
Labour Law – Review of arbitration award – Reasonableness of arbitrator's decision – Application of burden of proof – Alleged bias
28 May 2025
Condonation for late filing of a review application was dismissed due to lack of satisfactory explanation and prospects of success.
Labour Law - condonation - requirements for condonation of late filing in labor disputes - reviewing application timeliness under the Labour Relations Act.
28 May 2025
Dismissal of discrimination claim due to compliance with immigration laws requiring a Corporate Visa for employment.
Employment discrimination - foreign nationality - compliance with immigration laws - Corporate Visa requirement
27 May 2025
Court asserts jurisdiction over alleged unfair dismissal due to invalid automatic termination clause in fixed-term contract.
Employment Law – unfair dismissal – fixed-term contracts – automatic termination clauses – jurisdiction of labour court
27 May 2025
Appeal for leave dismissed; no reasonable prospect of different verdict per condonation and Rule 24 application.
Labour Law – Leave to Appeal – Reasonable prospect of success in appeal for condonation application – Application of Rule 24 of the Labour Court Rules
26 May 2025
Leave to appeal was denied as no reasonable prospect existed for a different conclusion regarding condonation.
Labour Law – Application for leave to appeal – Test for reasonable prospect of success – Principles of condonation in labor disputes.
26 May 2025