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Citation
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Judgment date
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| 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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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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Applicant cannot review a jurisdictional ruling to circumvent a time‑barred challenge to a CCMA condonation decision.
Labour law — CCMA procedure — condonation for late referral — appropriate remedy for challenge to condonation decision — review under section 158 of LRA — jurisdictional rulings and rescission applications — time‑bar and locus to review.
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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Labour law — procedure — Rule 11 dismissal of lapsed or deemed-withdrawn review applications — jurisdiction to grant finality.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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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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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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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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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 |
| October 2025 |
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Plaintiff entitled to severance, unpaid 13th cheques and loan repayment after court prefers his evidence and documentary corroboration over defendant’s denials.
Labour law – severance pay under BCEA – correct commencement date of employment; contractual bonus (13th cheque) – alleged oral amendment during COVID‑19; proof and recovery of director/shareholder loans – weight of documentary evidence and witness credibility in mutually destructive versions.
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14 October 2025 |
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Dismissal was not automatically unfair but was procedurally and substantively unfair; five months’ compensation awarded.
Labour law — Alleged automatically unfair dismissal (s187(1)(f) LRA) — evidential burden on employee to raise credible possibility of discrimination; Operational-requirements dismissal — substantive and procedural fairness under s189 — employer’s disclosure, consultation and selection obligations; Contractual claims under BCEA — employee bears onus to prove terms, breach and damages; Remedy — reinstatement vs compensation (s193).
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14 October 2025 |
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Condonation granted for 82‑day late referral where erroneous CCMA and legal advice caused delay; Saloojee limits not exceeded.
Labour law – condonation for late referral under s191(11) LRA – 90‑day period starts from CCMA certificate date; reliance on CCMA/legal representatives’ erroneous advice; limits of Saloojee imputation of attorney negligence; prospects of success and prejudice assessments.
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9 October 2025 |
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Applicant failed to raise a credible possibility that his dismissal was automatically unfair based on age.
Labour law – Automatically unfair dismissal – s 187(1)(f) – dismissal allegedly based on age – evidential burden to raise a credible possibility (Kroukam) – factual and legal causation principles (Afrox). Civil evidentiary principles – credibility, reliability and probabilities in resolving mutually destructive versions. Fixed‑term contracts – effluxion of time and offers of alternative employment relevant to dismissal inquiry.
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6 October 2025 |
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An EEA/LRA claim may be brought on motion; factual disputes do not make the proceeding irregular under Rule 57.
Employment Equity Act/Labour Relations Act – adjudication does not prescribe action proceedings; Motion v action – motion proceedings permissible absent statutory prohibition or classes of case; Rule 57 – irregular step requires procedural disregard advancing litigation prejudicially; Disputes of fact in motion proceedings – court may refer to viva voce evidence or trial.
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3 October 2025 |
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Condonation granted; leave to appeal refused — applicant failed to show reasonable prospects of success.
Civil procedure — leave to appeal — Superior Courts Act s17(1) — reasonable prospects of success; condonation for late filing. Administrative/labour law — nature of a certificate versus a determination; scope of Ministerial powers regarding satisfaction of a determination; procedural obligations of Registrar (consultation, use of public/independent data, inviting non‑party submissions). Costs — no order made.
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3 October 2025 |
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A full-and-final separation agreement and inadequate pleadings deprived the Labour Court of jurisdiction and warranted setting aside the claim.
Labour law — jurisdiction — Mutual Separation Agreement as full and final settlement — acceptance of benefits and no tender of restitution deprives Labour Court of jurisdiction; Pleadings — exception for failure to disclose cause of action — requirement to plead facta probanda for contractual and delictual claims; Employment relationship — necessity to plead employment nexus for personal liability; Delict — must plead conduct, wrongfulness, fault, causation and damage.
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3 October 2025 |
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Leave to appeal granted only against an unconventional punitive costs order directed at respondent’s legal practitioners.
Labour law — leave to appeal — stringent test whether another court would reasonably come to a different conclusion; punitive costs orders against legal practitioners (costs de bonis propriis) — exceptional relief for gross misconduct; costs against counsel where opponent litigates pro bono or is unrepresented — procedural and remedial issues.
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3 October 2025 |
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Leave to appeal refused for lack of reasonable prospects; late opposing submissions were condoned.
Leave to appeal – Superior Courts Act s17(1) – reasonable prospects of success required; Condonation for late filing granted where delay short and reasonably explained; Interaction of s198B LRA and Public Service Regulation 57(4) – appeal grounds on fixed-term contracts, duration, 'additional to establishment' and reasonable expectation of continued employment rejected as not meeting threshold for leave.
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3 October 2025 |
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Amendment allowed: s158(2)(b) may confer Labour Court jurisdiction and conciliation of unfairness includes automatic-unfairness claims.
Labour law – amendment of pleadings – leave to amend generally to be granted absent mala fides or uncompensable prejudice; s158(2)(b) LRA can confer jurisdiction to continue proceedings where arbitration might otherwise apply; conciliation of ‘unfairness’ of dismissal includes claims of automatic unfairness; waiver of referral not easily inferred; costs award warranted where opposition is meritless and obstructive.
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2 October 2025 |
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Statement of case lacking required material facts and legal issues struck out; leave to amend granted.
Labour Court — Pleadings — Exception for lack of averments — Rule 11 Labour Court Rules — Material facts and legal issues must be pleaded, not only annexures; BCEA s10(1)(a) — agreement to work overtime must be pleaded; CCMA settlement — full and final settlement requires pleaded grounds to set aside; leave to amend in interests of justice.
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2 October 2025 |
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Arbitration award set aside where commissioner failed to consider material evidence; dismissal found fair.
Labour law — Review of CCMA arbitration award — Reasonableness (Sidumo test) — Whether commissioner properly considered all material evidence and decided all issues. Employment misconduct — Confidentiality — Unauthorised disclosure of sensitive information to third parties; essence of charge versus precise wording. Procedural fairness — Employee's failure to testify — adverse inference. Compensation — Just and equitable assessment — disproportionate award relative to period of employment.
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1 October 2025 |
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Intermittent relief work not establishing employment; s200A requires contractual arrangement; bargaining council lacked jurisdiction.
Labour law – jurisdiction – employer–employee status – SALGBC jurisdiction depends on existence of employment relationship under s213 and s200A. Labour law – s200A presumption – requires some form of contractual or enforceable working arrangement; mere ad hoc relief engagement insufficient. Administrative law – review of jurisdictional findings by arbitrators is by correctness standard (no Sidumo reasonableness 'shade'). Relief workers – memo authorising on‑call relief shifts does not create enforceable employment rights.
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1 October 2025 |
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Commissioner’s reliance on a non-existent apology rendered reinstatement unreasonable; dismissal found substantively fair.
Labour law — s145 review of arbitration award — Sidumo/Mofokeng reasonableness test — sanction review — materiality of error — reliance on unmade apology — meaning and effect of ‘mpimping’/‘impimpi’ in workplace — reinstatement remedy (retrospective/non-retrospective).
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1 October 2025 |
| September 2025 |
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A proposed joinee was joined where the interests of justice and expeditious dispute resolution warranted joinder despite debate on necessity.
Joinder; necessary parties; direct and substantial legal interest; non-joinder special plea; Notice of Intention to Abide; expeditious resolution of labour disputes; costs where application unopposed.
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30 September 2025 |
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Court interdicted disciplinary hearings pending Bargaining Council s188A(11) inquiry on prima facie protected disclosures.
Labour law – Section 188A(11) LRA – right to request Bargaining Council inquiry where internal disciplinary action allegedly contravenes Protected Disclosures Act. Protected Disclosures Act – what constitutes a prima facie protected disclosure for interim relief. Interim interdict – requirement of prima facie case and exceptional circumstances to stay internal disciplinary proceedings. Procedural fairness – bias by HR official and failure to investigate may justify intervention. Costs – declining costs where dispute remains subject to statutory dispute-resolution processes.
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30 September 2025 |
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Whether the respondent’s jurisdictional and no‑cause‑of‑action exception should be decided before the applicant applies for condonation.
Labour law – procedural requirements – referral to conciliation and timely referral to Court – jurisdictional prerequisite for adjudication. Civil procedure – exception for failure to disclose cause of action – may be upheld on jurisdictional grounds ex facie the particulars. Condonation – late filing of exception and late referral to Court – interests of justice may require opportunity to apply for condonation before determining an exception. Case management – deferral of exception pending condonation application; direction to file condonation within specified time.
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29 September 2025 |
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Condonation for a substantially late review application refused due to excessive delay, inadequate explanation and no prospects of success.
Labour law – condonation for late review application – excessive delay, inadequate explanation (ignorance), no prospects of success – review not competent where second application filed without condonation – grounds of review must appear in founding affidavits, not in heads of argument.
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29 September 2025 |
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Court granted condonation, set aside an unreasonable rescission ruling and default award, and remitted the dispute for arbitration de novo.
Labour law – condonation for late review – explanation, prospects of success, prejudice and expedition of labour disputes. Review of arbitration award – reasonableness standard; arbitrator must provide adequate reasons and properly evaluate evidence. Rescission under s144 LRA – requirements: absence of wilfulness, bona fide explanation, bona fide claim, and good cause. Default arbitration awards – effect of successful review of rescission ruling on default awards; remittal for arbitration de novo. Civil procedure – misuse of Rule 11 applications and costs consequences.
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29 September 2025 |
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Applicant’s review dismissed: commissioner reasonably found retrenchment procedurally and substantively unfair.
Labour law – Review of CCMA arbitration award – Sidumo reasonableness test; Alleged bias – reasonable apprehension standard; Section 189(3) notice and consultation – purpose and substantial compliance; Probative value of unaudited management accounts in retrenchment disputes; Procedural fairness – audi and materiality of alleged errors.
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26 September 2025 |
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Leave to appeal granted against refusal to order reinstatement and award of compensation; applicants have reasonable prospects of success.
Labour law – leave to appeal – test of reasonable prospects of success and whether another court could reach a different conclusion – challenge to refusal to order reinstatement and award of compensation.
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26 September 2025 |
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Application for leave to appeal refused because applicant failed to show reasonable prospects of success; no costs order.
Labour law – leave to appeal – whether applicant demonstrated reasonable prospects of success – application for leave refused; no costs order.
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22 September 2025 |
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Condonation refused for excessive unexplained delay; arbitrator’s credibility findings were reasonable and review lacked prospects.
Labour law – review and condonation – excessive and inadequately explained delay; requirement for full and cogent explanation before considering prospects of success; commissioner’s credibility findings and evaluation of probabilities – rationality/ reasonableness standard for reviewability; single eyewitness evidence versus alibi witnesses.
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19 September 2025 |
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Arbitrator may reduce dismissal for dishonesty where mitigation justifies it, but full retrospective backpay can be limited.
Labour law — Review of arbitration award — Reasonableness standard — Sanction for dishonesty — Mitigating versus aggravating factors; Reinstatement and backpay — employee delays and contribution to prejudice — Limitation of backpay; Costs — trade union official’s premature affidavit.
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19 September 2025 |
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The applicant’s application for leave to appeal was refused for lacking reasonable prospects of success; no costs order.
Labour law – application for leave to appeal – requirement of reasonable prospects of success – discretion to refuse leave; costs – court exercising discretion to make no order as to costs.
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18 September 2025 |
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An arbitrator misconceived the dispute; dismissal for lack of matric and alleged misrepresentation was unfair and ten months’ compensation awarded.
Labour law – review of arbitration award under s145 LRA – gross irregularity where commissioner misconceives the nature of the dispute. Employment qualifications – whether absence of matric and alleged misrepresentation justify summary dismissal when employer appointed and confirmed probation despite verification report. Remedies – reinstatement vs compensation; s193–194 LRA factors; Court substituted arbitration award and fixed compensation.
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18 September 2025 |
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Arbitrator’s finding that dismissal of the applicant was substantively fair is upheld; review dismissed.
Labour law – review of arbitration award under s 145 LRA; alleged apprehension of bias; gross irregularity and failure to evaluate evidence; assessment of credibility and mutually destructive versions; relevance of criminal-capacity argument to disciplinary proceedings; condonation for late review application.
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17 September 2025 |
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The Labour Court dismissed leave to appeal for lack of reasonable prospects of success.
Labour Court – application for leave to appeal – requirement to show reasonable prospects of success – review and setting aside of arbitration award – substantive fairness of dismissal – condonation of late review application.
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15 September 2025 |
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Applicant under debt review exempted from security and enforcement of CCMA award stayed pending review.
Labour law – stay of CCMA arbitration award pending review; interim-relief test (prima facie right, irreparable harm, no satisfactory remedy, balance of convenience); exemption from security under s145(8) LRA where applicant is under debt review; court’s discretion to stay enforcement.
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12 September 2025 |
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Arbitrator’s failure to apply the sexual-harassment Code and unsupported credibility findings rendered the award unreasonable; dismissal found fair.
Labour law – review of arbitration award – Sidumo reasonableness test; Sexual harassment – Code of Good Practice – unwelcome sexual conduct and impact; Credibility findings – requirement of support in record; Harassment – non-verbal indicators and employer’s duty to act; Review remedies – substitution of award where full record available.
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12 September 2025 |
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Dismissals for operational requirements were substantively and procedurally unfair; 12 months' compensation awarded.
Labour law – dismissal for operational requirements – substantive fairness – employer must establish genuine restructuring and disclose supporting material. Labour law – s189 consultation – employer must consult the registered trade union and disclose relevant information for meaningful consultation. Labour law – selection criteria – criteria must be fair and objective; pre-exclusion undermines fairness. Remedy – reinstatement impracticable where positions no longer exist; award of maximum compensation appropriate. Costs – no order as to costs (each party to pay own costs).
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12 September 2025 |
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Applicant complied with disclosure order via SARS ITA34s; respondent’s fishing-expedition dismissal application dismissed and trial expedited.
Labour law – disclosure and enforcement – compliance with court-ordered disclosure by production of SARS ITA34 assessments – ITA34 as acceptable evidence of alternative income; improper fishing expeditions and abuse of process; dismissal inappropriate where disclosure provided; party entitled to proceed to trial and recover disbursements.
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12 September 2025 |
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Application for leave to appeal dismissed for failure to show reasonable prospect of success or other compelling reason.
Labour law — leave to appeal — s166(1) Labour Relations Act — Superior Courts Act s17(1) test of reasonable prospect of success or other compelling reason — application for leave to appeal dismissed; no order as to costs.
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9 September 2025 |
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Leave to appeal refused where employee failed to tender services and repudiation remains a recognised remedy in employment law.
Appeal — leave to appeal — reasonable prospects test; disputes of fact — Plascon-Evans rule; repudiation of employment contract; peremption/approbate and reprobate; secondment and duty to tender services; costs — BCEA matter, s162 LRA inapplicable.
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8 September 2025 |
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Court enforced a six‑month provincial restraint, rejecting respondents' procedural delays and refusing condonation.
Labour law – Restraint of trade – existence and enforcement of restraint agreement; breach by joining competitor and soliciting customers. Civil procedure – condonation and postponement – late filing of answering affidavit; adequacy of excuse and prejudice from delay. Contractual relief – court may limit geographic scope of restraint to what is reasonable and enforceable. Remedies – urgent interdict restraining former employee and competitor; no costs order.
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4 September 2025 |
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Arbitrator’s acquittal upheld: employer failed to prove procurement misconduct or procedural prerequisites for incompatibility; review dismissed.
Labour law – Review of arbitration award – Reasonableness standard (Sidumo/Duncanmec) – Procurement irregularities – role and duties of bid evaluation members – PPPFA/SCM compliance – Incompatibility as incapacity not misconduct – Employer may not introduce new case on review – Costs on punitive scale.
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3 September 2025 |
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Applicant’s amended pleadings were vague and failed to disclose an automatic unfair dismissal cause of action under section 187(1)(c).
Labour law – pleading – exceptions – requirement to plead material facts with sufficient particularity – automatically unfair dismissal (s187(1)(c) LRA) – need to plead causal "but for" link and entitlement to refer dispute – generous reading of pleadings insufficient to supply missing particulars.
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1 September 2025 |
| August 2025 |
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A review application was struck from the roll after it lapsed due to the applicant's failure to prosecute within required time limits.
Labour law – Review application – Failure to prosecute within time frames prescribed by Practice Manual – Archiving and lapsing of applications for delay – Effect of lapsed or archived files – Substantial compliance with affidavit regulations – Service of documents via email.
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29 August 2025 |
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Final interdict granted to prevent unlawful internal disciplinary action against an employee whistleblower, enforcing statutory whistleblowing protections.
Labour law – Protected disclosures – Whistleblowing – Occupational detriment – Section 188A(11) of Labour Relations Act – Requirement for disciplinary hearing to be conducted via CCMA where employee has made a protected disclosure – Final interdict preventing internal disciplinary hearing.
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28 August 2025 |
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A review of an arbitration award upholding a dismissal for breach of mining safety rules fails for lack of unreasonableness or irregularity.
Labour law – review of arbitration award – substantive fairness of dismissal – mining workplace safety standards – reasonableness test under Sidumo – failure to establish irregularity or unreasonableness – section 145 of LRA.
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28 August 2025 |
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Dismissals for strike-related misconduct overturned where evidence failed to satisfy common purpose and procedural fairness requirements.
Labour law – Dismissal – Protected strike – Misconduct – Common purpose – Procedural fairness – Hearsay evidence – Inconsistent discipline – Review and setting aside of arbitration award – Reinstatement and compensation.
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28 August 2025 |
