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Citation
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Judgment date
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| July 2025 |
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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.
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4 July 2025 |
| June 2025 |
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Court dismisses urgent application as moot for contesting completed recruitment decisions.
Labour Law - Recruitment Process - Urgency - Mootness of Application.
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30 June 2025 |
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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.
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30 June 2025 |
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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.
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30 June 2025 |
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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
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20 June 2025 |
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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
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20 June 2025 |
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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.
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20 June 2025 |
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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.
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20 June 2025 |
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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.
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19 June 2025 |
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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.
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19 June 2025 |
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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.
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19 June 2025 |
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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
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19 June 2025 |
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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.
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19 June 2025 |
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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.
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19 June 2025 |
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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.
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19 June 2025 |
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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.
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18 June 2025 |
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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.
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18 June 2025 |
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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.
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18 June 2025 |
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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.
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18 June 2025 |
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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.
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18 June 2025 |
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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.
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17 June 2025 |
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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
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13 June 2025 |
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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.
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13 June 2025 |
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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
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13 June 2025 |
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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.
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11 June 2025 |
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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.
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10 June 2025 |
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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.
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9 June 2025 |
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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.
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9 June 2025 |
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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
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9 June 2025 |
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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.
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9 June 2025 |
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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
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6 June 2025 |
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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.
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5 June 2025 |
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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.
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4 June 2025 |
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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
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4 June 2025 |
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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.
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4 June 2025 |
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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
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3 June 2025 |
| May 2025 |
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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.
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30 May 2025 |
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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.
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30 May 2025 |
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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.
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30 May 2025 |
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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
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30 May 2025 |
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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.
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29 May 2025 |
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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
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28 May 2025 |
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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.
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28 May 2025 |
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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.
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28 May 2025 |
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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
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28 May 2025 |
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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.
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28 May 2025 |
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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
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27 May 2025 |
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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
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27 May 2025 |
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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
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26 May 2025 |
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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.
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26 May 2025 |
