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Citation
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Judgment date
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| January 2026 |
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Labour Court lacks general jurisdiction to interdict ongoing disciplinary proceedings; review in medias res requires exceptional circumstances.
Labour Court jurisdiction; s157(1) LRA; s158(1)(a) powers vs jurisdiction; s158(1)(h) review of State-as-employer; in medias res review requires exceptional circumstances; suspension disputes as unfair labour practices — GPSSBC forum; abuse of process and costs.
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28 January 2026 |
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Application for leave to appeal struck off for lack of jurisdiction due to failure to seek condonation for late filings.
Civil procedure – Labour Court – Leave to appeal – Time limits under rule 67 – Failure to file notice and written submissions within prescribed periods – No application for condonation – Matter not properly before Court – Application struck off for lack of jurisdiction.
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28 January 2026 |
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Applicants failed to show urgency or Labour Court jurisdiction to interdict disciplinary proceedings; application dismissed with costs.
Labour Court jurisdiction – s 157(1) and s 157(2) LRA – narrow statutory basis required; Urgent interdict – urgency must not be self‑created and applicants must show inability to obtain substantial redress in due course; Delegation/sub‑delegation – authority to institute disciplinary proceedings may reside in Labour Relations via lawful sub‑delegation; Abuse of process – costs awarded where urgent, meritless litigation is foreseeable by legally represented applicants.
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27 January 2026 |
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Applicants' dismissal for unauthorised meeting and gross insubordination was reasonable; appeal dismissed.
Labour law — unfair dismissal review — Sidumo reasonableness standard; unauthorised workplace meetings (riotous behaviour); lawful instruction and duty to obey; gross insubordination as fair reason for dismissal; burden-shifting once employer proves prima facie misconduct; competent verdicts and prejudice (EOH Abantu).
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26 January 2026 |
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Arbitration award premised on factual error reviewed and set aside; dismissal found substantively fair.
Labour law — Review of arbitration award — Failure to apply mind to facts; award premised on erroneous factual finding — Sidumo standard — Misconduct (theft and deliberate false accounting) — Substitution of award and dismissal of referral.
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23 January 2026 |
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Labour Court sets aside CCMA award and awards four months’ compensation for disability-based unfair discrimination.
Employment Equity Act – unfair discrimination on basis of disability (stuttering) – arbitration award reviewed and set aside – compensation under section 50(2)(a) – four months’ remuneration awarded – review of CCMA factual finding.
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23 January 2026 |
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Labour Court lacked jurisdiction to interdict a political party and former employee over media statements; application dismissed with costs.
Labour Court jurisdiction – s157(2)(a) LRA – narrow construction; fundamental right must be pleaded; political party/community advocacy outside LRA; former employee not within employment relationship; sub judice issues ordinarily for High Court.
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23 January 2026 |
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A restraint of trade will not be enforced absent proof of a legitimate protectable interest or a proven breach; confidentiality undertakings upheld.
Labour law — Restraint of trade — Requirement to prove a legitimate protectable proprietary interest and breach — Confidential information and trade secrets — Public policy and employee mobility — Non‑solicitation undertakings upheld where voluntary but broad restraints unenforceable.
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22 January 2026 |
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Whether dismissal for participating in an unprotected strike is substantively fair after exoneration of related assault.
Labour law – Unprotected strike – Sanction – Remittal from Constitutional Court after exoneration of related assault – Application of s192(2), s68(5) and Schedule 8 (items 6 & 7) – Factors: seriousness, attempts to comply, employer harm, remorse, prior record – Dismissal found substantively fair.
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21 January 2026 |
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Applicant’s seven‑year delay to review CCMA award was inexcusable; condonation refused and proceedings dismissed.
Labour law — condonation for late review and pleadings — excessive delay and inadequate explanation — prospects of success and prejudice to employer — condonation refused for applicant; employer’s short delay condoned.
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21 January 2026 |
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A court must independently establish a protectable commercial interest before enforcing a restraint of trade; leave to appeal denied.
Restraint of trade — onus of proof — applicant must prove a protectable commercial interest before enforcement — court's duty to interrogate unopposed founding affidavits — leave to appeal — discretionary costs.
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19 January 2026 |
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Leave to appeal granted where applicants showed a reasonable prospect of success and alleged jurisdictional error on collective-agreement interpretation.
Labour law — Leave to appeal — Superior Courts Act s17(1) applied via LRA s151(2) — reasonable prospect of success or compelling reasons required — jurisdiction to interpret collective agreements — caution in granting leave in labour disputes — Setlogelo/interim interdict principles; authorities: Mkhitha; Martin and East; Fairtrade.
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16 January 2026 |
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Whether an EEA claim may be brought by motion and whether leave to appeal the interlocutory refusal should be granted.
Employment Equity Act—procedure—whether EEA claims must proceed by action or may be brought by motion; appealability of interlocutory orders; interests of justice; distinction between Gibb v Nedcor and O’Connor v LexisNexis.
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13 January 2026 |
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Urgent application challenging a precautionary suspension struck off as self-created, premature, and not amounting to harassment.
Employment law — Urgency and self-created urgency — Precautionary suspension with pay — Intervention in incomplete disciplinary proceedings — Harassment/retaliation under EEA sections 6 and 60 — Pre-suspension hearing not required per Long — Lis pendens — Costs for frivolous/ premature urgent application.
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9 January 2026 |
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A court removed an interlocutory urgent application from its roll because the judge who gave the judgment should hear the leave application.
Procedure — Superior Courts Act s18(3) — leave to appeal — judge who gave the judgment should ordinarily hear leave application; interlocutory urgent application — procedural defects (late Rule 7 notice without condonation), urgency and joinder/representation issues — removal from roll; costs reserved.
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5 January 2026 |
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Labour Court granted urgent interim relief enforcing reasonable accommodation and restraining employer-initiated testing and performance management.
Employment Equity Act – Reasonable accommodation – Interim relief to prevent imminent harm – Labour Court jurisdiction where statutory processes would not afford timely relief; prohibition on employer-initiated medical/psychological testing absent clear justification (s7 EEA); restraint on performance management linked to disability; admissibility of participant-made workplace recordings; trade union standing under s200(1)(b) of the LRA.
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5 January 2026 |
| December 2025 |
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Whether proceedings brought by a labour consultant without statutory right of appearance are valid or must be struck from the roll.
Labour Court representation – LRA s161 – Legal Practice Act s33 – unauthorised appearance by non‑legal person – consequences of breach (nullity v penalty) – striking from roll – referral for potential criminal investigation.
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19 December 2025 |
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A presiding officer may not use s54(1)(a) to coerce disclosure or s70(c)(ii) to halt mine operations.
Mine Health and Safety Act — Interpretation of s54(1)(a) and s70(c)(ii) — Limits on inspectors’ and presiding officers’ powers — Prohibition on using s54 to coerce disclosure — Presiding officer cannot halt operations under s70(c)(ii) — Declaratory relief and urgency.
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15 December 2025 |
| November 2025 |
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Commissioner’s refusal to postpone arbitration was unreasonable for failing to balance prejudice arising from sudden illness of representative.
Labour law – Postponement of CCMA arbitration – Discretion to grant postponement governed by good cause and interests of justice – Need to consider prejudice to absent party – Default award and rescission rulings reviewable where decision falls outside reasonable band – Remittal for rehearing.
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24 November 2025 |
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Contractual claim struck out for failing to plead a specific contractual breach and for misjoinder after CCMA proceedings.
Labour law – breach of contract claim after CCMA proceedings – Uniform Rule 18(6) compliance – need to plead the contractual term allegedly breached – misjoinder of CCMA/commissioner – res judicata of LRA unfair-dismissal matters – discretionary refusal to allow further amendment – costs discretion.
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21 November 2025 |
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Arbitration award set aside for failing to determine material disputes and giving inadequate reasons; matter remitted for de novo arbitration.
Labour law – review of arbitration award – adequacy of reasons – failure to determine material disputes – misconduct and gross irregularity – discrimination and victimisation allegations – remittal for de novo arbitration before a different commissioner.
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20 November 2025 |
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Leave to appeal refused as there are no reasonable prospects that the appeal court would differ.
Labour law – leave to appeal – Superior Courts Act s17(1)(a) – test of reasonable prospects of success – role of merits and compelling reasons (Ramakat sa) – review and substitution of arbitration award – unfair dismissal remedies (reinstatement/compensation).
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20 November 2025 |
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Section 189A(13) relief is unavailable unless the statutory numeric thresholds in section 189A(1) are satisfied.
Labour law — Section 189A(13) only available where s189A(1) numerical/temporal thresholds met; procedural‑fairness disputes outside s189A pursued under s191; Labour Court lacks jurisdiction to grant LRA relief against non‑employer third parties; s158(1)(a) confers powers but does not itself confer jurisdiction; punitive costs appropriate for abusive, hopeless litigation.
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19 November 2025 |
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Whether a struck urgent application amounts to lis pendens and whether condonation is required under section 191 for Court jurisdiction.
Labour law – lis alibi pendens – struck urgent application – re-enrolment or withdrawal – section 191 LRA – CCMA certificate/outcome – condonation required – jurisdictional prerequisite.
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18 November 2025 |
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Leave to appeal dismissed for non‑compliance and absence of reasonable prospects of success.
Appeal and procedure – Leave to appeal – Superior Courts Act s17 – high threshold: reasonable prospect of success or compelling reason – procedural non‑compliance (failure to file written submissions) – dismissal of leave application.
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18 November 2025 |
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Leave to appeal refused where grounds were mere disagreements and failed to show reasonable prospects of success.
Labour law — leave to appeal — Superior Courts Act s17(1) — retrenchment — substantive and procedural fairness — consultation — disclosure of information (EOH report) — prospects of success on appeal.
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18 November 2025 |
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Whether grade progression depends on the post’s job-evaluated grade or the employee’s remuneration level under Resolution 3 of 2009.
Labour law — Grade progression under Resolution 3 of 2009 — Interpretation of "salary level" as the graded post — Job evaluation, continuous service and performance as cumulative prerequisites — Review for material error of law — Condonation granted despite excessive delay due to strong prospects of success.
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17 November 2025 |
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Whether condonation should be granted where most delay is explained and the interests of justice and prospects of success favour referral for trial.
Labour law – condonation under s 191(11)(b) LRA – requirement to explain entire delay – role of prospects of success and interests of justice – strict scrutiny of delays – dismissals following alleged unprotected strike and unilateral change to terms and conditions.
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14 November 2025 |
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Unexplained two‑year delay in seeking condonation for a late Rule 7A(8)(b) notice refused; review dismissed.
Labour law — Review proceedings — Condonation for late filing of Rule 7A(8)(b) notice — Grootboom factors applied — Unexplained two‑year delay — Procedural default fatal to jurisdiction — Prejudice to respondent and administration of justice — Review dismissed.
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13 November 2025 |
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Late, unexplained two‑year delay in seeking condonation rendered the review incompetent; condonation refused and review dismissed.
Labour law — Condonation — Rule 7A(8)(b) notice — excessive, unexplained delay — jurisdictional requirement — prospects of success immaterial where delay unjustified — prejudice and administration of justice.
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13 November 2025 |
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Commissioner misapplied consistency principle; employee’s managerial and administrative procurement failures made dismissal substantively fair.
Labour law – review of CCMA award – misapplication of parity/consistency principle – procurement misconduct at state-owned entity – managerial oversight and administrative failures justify dismissal – condonation and costs.
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13 November 2025 |
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Labour Court interdicted internal disciplinary hearing pending CCMA decision under section 188A(11) of the LRA.
Labour law — section 188A(11) LRA — pre‑dismissal arbitration as substitute for internal disciplinary hearing; Protected Disclosures Act — what constitutes a protected disclosure; Jurisdiction — Labour Court may grant interim interdict where employee asserts LRA right and shows exceptional prejudice; Urgency — applicant must act promptly; Threshold for s188A(11) — disclosure that would qualify and honest allegation of nexus; Court should not determine protected disclosure merits — CCMA arbitrator to decide.
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13 November 2025 |
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Labour Court interdicted internal disciplinary hearing pending CCMA decision under section 188A(11) for alleged protected disclosure.
Labour law — Jurisdiction to interdict internal disciplinary proceedings — Section 188A(11) LRA — Protected Disclosures Act — Pre‑dismissal arbitration substitutes internal hearings — Threshold for invoking s188A(11) is bona fide allegation of protected disclosure and pre‑dating of charges — Arbitrator decides acceptance — Labour Court should not usurp CCMA’s function — Urgency and exceptional circumstances required.
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13 November 2025 |
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Applicant cannot review a jurisdictional ruling to indirectly attack a condonation ruling; timely review of the condonation was required.
Labour law — condonation for late referral — review versus rescission — CCMA jurisdiction to rescind condonation rulings — timeliness and procedural competence of review under section 158 of the LRA; rescission grounds under section 144 of the LRA.
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13 November 2025 |
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Labour Court may dismiss lapsed review applications under Rule 11 to achieve finality, but no costs order was made.
Labour law — procedure — Rule 11 dismissal of lapsed or deemed-withdrawn review applications — jurisdiction to grant finality. Civil procedure — failure to comply with Practice Manual time limits for filing record — effect on review proceedings. Costs in Labour Court — discretion guided by fairness; limits on ordering costs de bonis propriis against trade unions or representatives.
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13 November 2025 |
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The Labour Court may dismiss a lapsed review under Rule 11 to secure finality; no costs were ordered.
Labour Court jurisdiction — Rule 11 dismissal of lapsed/deemed-withdrawn review — lapsed review revivable; Rule 11 available for finality — non-automatic costs; reluctance to order costs de bonis propriis against unions/NGO advisers.
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13 November 2025 |
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Late municipal challenge to collective-agreement clause fails for procedural defects, non-joinder, undue delay; clause consistent with s198B and MSA.
Labour law — Collective agreement clause requiring permanent appointment to posts of a permanent nature — Review under s158 (LRA) on legality grounds — PAJA inapplicable to collective bargaining agreements — Procedural irregularity: impermissible amendment in replying affidavit — Joinder: non-joinder of 265 affected employees fatal — Delay: unreasonable delay in challenging clause present since 2016 — Substance: clause consistent with s198B LRA and MSA; prevents disguised temporary employment.
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12 November 2025 |
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Leave to appeal refused where delay explanation was vague and pleadings failed to establish prima facie prospects of success.
Labour law – reinstatement of review application – delay explanation – adequacy of particulars for health and financial hardship – prospects of success must be pleaded to show prima facie review grounds – de-archiving after deemed withdrawal.
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12 November 2025 |
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Arbitrator correctly found constructive dismissal where employer’s failures made the workplace objectively intolerable.
Labour law – constructive dismissal – objective test of intolerability; employer’s duty to protect employee from threatening subordinate; relevance of delayed grievance process and subsequent disciplinary action; review standard of arbitration awards.
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11 November 2025 |
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Arbitration award of constructive dismissal upheld where employer’s cumulative conduct rendered employment objectively intolerable.
Labour law – Constructive dismissal – Intolerable or ‘toxic’ working environment – Reinstatement of subordinate after threats – Employer’s duty to protect employee – Review of arbitration award – Failure to call key witness.
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11 November 2025 |
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A withdrawn CCMA referral may be re-enrolled if not settled; commissioner misdirected by refusing re-enrolment.
Labour law – CCMA re-enrolment of withdrawn referral; withdrawal vs settlement; commissioner’s discretionary power and review for misdirection; procedure for re-enrolment (fresh referral and condonation); right to be informed when matter decided on papers.
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11 November 2025 |
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A withdrawn CCMA referral can be re-enrolled unless there was a genuine settlement; commissioner erred in treating withdrawal as final.
Labour law – CCMA re-enrolment applications – Withdrawal of referral – Withdrawal versus settlement – Commissioner’s discretion and review – Procedure for deciding applications on the papers and right to be informed – Condonation for late filing.
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11 November 2025 |
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An expunged final written warning can still be contested; procedural fairness of its issuance is assessed on a reasonableness review.
Labour law – review of arbitration award – reasonableness standard under the LRA; procedural versus substantive fairness. Mootness – expiration and expungement of a sanction does not necessarily render the dispute academic. Public Service disciplinary code – manager’s discretion to issue a final written warning without formal enquiry; procedural fairness requirements. Costs – discretionary in labour matters; no costs where applicant’s challenge was not unreasonable.
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10 November 2025 |
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Review dismissed: commissioner reasonably found procedural fairness in issuing an expunged final written warning; no costs.
Labour law – review of arbitration award – mootness of dispute despite expunged warning – procedural fairness versus substantive guilt – managerial discretion to issue final written warning without formal enquiry – costs not awarded.
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10 November 2025 |
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Failure to disclose the review and issuing conditional, unidentified notices rendered consultation unfair; reinstatement and disclosure ordered.
Labour law – section 189/189A LRA – urgency of s189A applications; validity of notice of termination under s189A; disclosure obligations under s189(3); meaningful consultation; remedy under s189A(13)(c) – reinstatement pending remedial consultation.
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7 November 2025 |
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An archived review for failure to file the record requires court application to retrieve it; a stay of execution does not reinstate the review.
Labour Court Practice Manual — Archiving (clause 11.2.7) and consequences of delay — failure to file record within prescribed period causes application to lapse — archived files require court application to retrieve and reinstate; a stay of execution does not revive an archived review.
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7 November 2025 |
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A review application lapsed by archiving for failure to file the record; a stay of execution did not reinstate it.
Labour law — review applications — delay and archiving — Practice Manual clauses 11.2.1, 11.2.2, 11.2.3, 11.2.7 and 16 — archived/lapsed files require court application to retrieve/reinstate — consent order staying execution does not revive an archived review (E Tradex authority applied).
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7 November 2025 |
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Condonation for a 22‑week late application to appeal was refused due to inexcusable delay, lack of explanation, and poor prospects.
Condonation – excessive delay (22 weeks); inadequate explanation/negligence; failure to apply promptly after awareness; prospects of success minimal; procedural defect (Rule 35) condoned for decision; Melane/Grootboom factors applied; prejudice and finality considered.
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6 November 2025 |
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Labour Court lacked jurisdiction where employees worked for a foreign client despite a South African payroll intermediary.
Labour law – Territorial jurisdiction – Location of undertaking for which services rendered determines jurisdiction – Employees supplied to foreign client via South African intermediary/'employer of record' – Application of Sorrell v Petroplan – Non-joinder unnecessary where court lacks jurisdiction – Removal from roll.
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4 November 2025 |
| October 2025 |
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Late filing condoned but leave to appeal refused for lack of reasonable prospects or compelling reasons.
Labour law — leave to appeal — condonation for late filing — section 17(1) Superior Courts Act — requirement of reasonable prospects of success or compelling reason — procedural omission (missing bundle) insufficient where not raised at hearing.
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31 October 2025 |
