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Citation
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Judgment date
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| January 2026 |
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Reliance on inadmissible hearsay about a prior warning rendered the arbitration award unreasonable and reviewable.
Labour law — Review of CCMA arbitration award — s145(2)(a)(ii) LRA — gross irregularity where commissioner relied on inadmissible hearsay — proof and communication of prior disciplinary warnings — procedural fairness and s138(1) LRA — remittal for arbitration de novo.
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21 January 2026 |
| November 2025 |
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An employer cannot discipline for off‑duty misconduct absent a sufficient workplace nexus; phone‑access instructions must respect privacy.
Labour law – off‑duty misconduct – nexus to workplace required for disciplinary jurisdiction; dishonesty – requirement to have witnessed misconduct; privacy and employer access to company‑issued phones; reasonableness standard for review of arbitration awards (Sidumo).
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14 November 2025 |
| October 2025 |
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Ambiguity in a certified arbitration award required clarification by the arbitrator before a contempt finding could be made.
Labour law – Contempt of court – certified arbitration award – requirements: order, notice, wilful and mala fide non‑compliance. Arbitration awards – clarity of relief – reinstatement orders must be clear and unequivocal to permit compliance and enforcement. Remedy – where an award is ambiguous, remit to the issuing arbitrator/bargaining council to vary or clarify the award before determining contempt.
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16 October 2025 |
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Arbitrator reasonably found dismissals unfair where employer failed to prove existence or communication of prohibitory workplace rules.
Labour law – unfair dismissal – substantive fairness – employer’s burden to prove existence, content and communication of workplace rule – use of fleet cards and swapping of tags – Sidumo reasonableness review of arbitration award.
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13 October 2025 |
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Late review denied where delay was unexplained and arbitration award was reasonable under Sidumo.
Labour law – condonation for late review under s145 LRA – factors: delay, explanation, prospects of success – Sidumo reasonableness review standard – misconduct: unauthorised use of state vehicle, failure to record trips, dishonesty – dismissal sanction considered reasonable.
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10 October 2025 |
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Enforcement stayed pending filing of s145(8) security; sheriff ordered to return attached vehicles.
Labour law – LRA s145(3),(7),(8) – security for stay of enforcement of arbitration award – approval versus provision of security – acceptable forms of security (trust deposit, bank guarantee, notarial bond) – automatic suspension on compliance – urgent application and return of attached property.
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2 October 2025 |
| August 2025 |
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Reinstatement of a withdrawn labour review application refused due to inordinate delay, lack of explanation, and poor prospects of success.
Labour law – Review application – Application for reinstatement of withdrawn review – Good cause – Delay in filing record and procedural shortcomings – Prospects of success – Discretion of arbitrators in admitting evidence – Labour Relations Act, expeditious dispute resolution.
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21 August 2025 |
| June 2025 |
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Arbitration award set aside; jurisdictional error found; case to be reheard.
Labour law – Review of arbitration award – Prescription of claim – Consistency with labour law principles – Jurisdictional error analysis
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10 June 2025 |
| May 2025 |
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Leave to appeal refused where arbitrator's reinstate sanction for serious financial misconduct was irrational and reviewable.
Labour law — Review of arbitration award — Reasonableness and review grounds — Sanction review where arbitrator found serious financial misconduct — Dishonesty by omission and breakdown of trust — Remittal inappropriate — Completeness of record — Leave to appeal.
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30 May 2025 |
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Application for leave to appeal dismissed due to inadequate grounds related to arbitrator's decision and misconduct sanction.
Labour Law – application for leave to appeal – review vs. appellate court standards – misconduct sanction assessment – record completeness
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30 May 2025 |
| April 2025 |
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Reported
An arbitrator unreasonably reinstated a municipal manager guilty of serious SCM and financial misconduct; dismissal was fair.
Labour law – review of arbitration – penalty-review where arbitrator interfered with employer’s sanction; Municipal law – accounting officer duties; Supply Chain Management (SCM) – Regulation 36, deviations and reporting obligations; MFMA – financial misconduct, irregular and unauthorised expenditure, variation orders and criminal/administrative consequences; Systems Act s57A(3) – re-employment prohibition after dismissal for financial misconduct.
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7 April 2025 |
| February 2023 |
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Whether pre‑2001 collective agreements remain enforceable despite post‑2001 Public Service Regulations and statutory conflict.
Labour law — Arbitration Act s 20 — Opinion by court on arbitrator's question; Collective agreements and statutory instruments — principle of legality; Non‑retrospectivity of regulations — 2001 Public Service Regulations do not automatically invalidate pre‑2001 instruments; Arbitrator's jurisdiction to consider pre‑2001 instruments under parties' settlement agreement.
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11 February 2023 |
| February 2022 |
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Labour Court cannot declare a precautionary suspension invalid; unfair suspension disputes fall to the CCMA under the LRA.
Labour law – Unfair suspension – dispute characterised as unfair labour practice under s185 and s186(2)(b) of the LRA – exclusive remedies and procedure under ss191–193 – CCMA jurisdiction; Precautionary suspension distinguished from punitive suspension – no general pre-suspension audi alteram partem requirement; Section 158(1)(a)(iii) LRA interpreted restrictively; Requirement to plead contractual breach with specificity (s77 BCEA).
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25 February 2022 |
| January 2021 |
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Commissioner misapplied interpretation rules and ignored material evidence, rendering the arbitration award irrational and reviewable.
Collective agreements – Occupational Specific Dispensation (OSD) – interpretation of Resolutions 3 and 5; golden rule of interpretation (Coopers & Lybrand) – context and extrinsic evidence; review – irrationality/unreasonableness and failure to consider material evidence; translation of posts.
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22 January 2021 |
| November 2019 |
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An arbitration reinstatement award is a debt under the Prescription Act and remained enforceable; CCMA joinder is binding absent review.
Labour law – Arbitration award ordering reinstatement; Prescription Act applicability to arbitration awards as "debt"; commencement and interruption of prescription (dismissal date; referral to CCMA); publication of award gives rise to fresh 30-year prescription period; CCMA joinder rulings and awards binding absent review; enforcement under section 158(1)(c) LRA.
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7 November 2019 |
| August 2019 |
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Reported
Labour Court retains jurisdiction to grant orders on compliance orders that were filed and pending before the BCEA amendment effective 1 January 2019.
Labour law – Basic Conditions of Employment Act – deletion of s 77A(a) – retrospectivity – jurisdiction to make pre-amendment compliance orders orders of court – pending applications preserved; no vested right where no application pending.
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23 August 2019 |
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Peremptory statutory time limits may permit substantial compliance; Commissioner’s refusal was irrational and remitted for reconsideration.
Labour law; SAPS Act s36(2)(c) — statutory 30‑day time limit for reinstatement — interpretation of peremptory provisions; substantial compliance; condonation; administrative action and reviewability under s158(1)(h) LRA; legality, rationality and procedural fairness of decision-making.
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20 August 2019 |
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Death of a party does not ipso jure stay Labour Court proceedings; executor substitution required and postponement granted.
Labour Court procedure — death of a party — Superior Court practice: death does not automatically stay proceedings; substitution by executor required before further steps; postponement appropriate where executor status unclear; de bonis propriis costs orders require rule nisi and opportunity to be heard.
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18 August 2019 |
| July 2019 |
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A default judgment will not be rescinded where the respondent's absence was wilful and good cause was not shown.
Labour Court — rescission of default judgment — rule 16A(1)(a) and 16A(1)(b). Interlocutory orders — variation of interlocutory procedural directions — court's discretion. Rescission — requirements: erroneous grant v. good cause; wilful/default conduct defeats rescission. Pleadings — party confined to case in founding affidavit but court may consider raised alternatives where sufficiently pleaded. Costs — no order where rescission application not frivolous or unreasonable.
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18 July 2019 |
| February 2019 |
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Reported
Transfer by head of department was lawful and rational, following consultation and legitimate public‑interest considerations.
Public Service Act s 14 – transfers – requirement that transfer be in the public interest; delegation of executive authority; procedural fairness and meaningful consultation; legality and rationality review of administrative/state employer decisions; interplay between unlawful union conduct and employer’s transfer decision.
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19 February 2019 |
| November 2018 |
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Commissioner wrongly treated a historic demarcation as binding; applicants fall within the Motor Industry Bargaining Council.
Labour law – Demarcation under s 62 LRA – status of historic industrial tribunal determinations made under 1956 Act; not binding under the LRA. Interpretation of bargaining council scope – ordinary meaning of 'manufacturing establishments wherein are fabricated motor vehicle parts' governs. Demarcation factors – proper weight to value chain, end product and bargaining history; process-versus-product distinction. Review – material error of law and unreasonable outcome justify setting aside and substitution.
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21 November 2018 |
| November 2015 |
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Reported
Court grants absolution: pay disparities alone, without causal nexus to gender, do not establish unfair discrimination.
Employment Equity Act – equal pay/same or similar work – claim for less favourable remuneration on basis of gender – requirement to prove causal nexus between sex and differential treatment. Jurisdiction – Labour Court competent to hear EEA equal pay/discrimination claims even where related benefit disputes have been pursued elsewhere. Evidence – mere pay disparity insufficient; claimant must establish prima facie case before burden shifts; absolution appropriate where no reasonable evidence supports discrimination. Indirect discrimination – no evidence adduced to support claim.
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24 November 2015 |
| August 2015 |
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Arbitrator reasonably preferred employee's evidence over the doctor's; dismissal for alleged fraudulent medical certificate was unfair.
Labour law – unfair dismissal – allegation of fraudulent misrepresentation based on medical certificate – assessment of credibility, reliability and probabilities – review under s 145 LRA – factual findings not reviewable where reasonable.
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11 August 2015 |
| June 2015 |
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Reported
Arbitrator misconceived a promotion complaint as a salary-upgrade matter; award set aside for material irregularity and lack of jurisdiction.
Labour law — Review of arbitration award — Unfair labour practice (promotion) vs job grading/upgrade — Public Service Act and Regulations govern post grading — Jurisdictional issue: late referral/condonation — Arbitrator misconceived the nature of the enquiry, decided without evidence and exceeded powers — Award set aside.
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26 June 2015 |
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Late filing of a review record beyond the practice manual’s 60 days deems the application withdrawn and it is struck from the roll.
Labour Court practice manual – filing of record for review – 60‑day rule – paragraph 11.2.3 deeming late filing as withdrawal – practice directives binding – remedy: strike from roll; condonation/reinstatement application available.
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17 June 2015 |
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Arbitrator’s procedural‑unfairness finding set aside where it relied on an unadvanced ground and no prejudice was shown; cross‑review condoned.
Labour law – review of arbitration award – procedural fairness – arbitrator reliance on unadvanced ground impermissible – non-compliance with disciplinary code does not establish unfairness absent prejudice – condonation – inordinate delay and inadequate explanation fatal to late cross-review.
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12 June 2015 |
| May 2015 |
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A substantial demotion and ~45% pay cut justified the arbitrator’s award of severance pay; joinder of the old employer was not required.
Labour law – severance pay – s 41 BCEA – reasonableness of alternative employment offer – demotion and substantial salary reduction. Labour law – transfer of business as going concern – s 197 LRA – joint and several liability of old and new employers; joinder is discretionary/convenience, not mandatory. Arbitration review – procedural irregularity (failure to invite joinder/misleading comment) not automatically fatal absent prejudice. Scope of arbitration under s 41 – does not extend to apportionment/indemnity disputes between old and new employers under s 197.
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14 May 2015 |
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Arbitrator unreasonably ignored standing written instruction; dismissal for failure to clean machine radiator upheld as fair.
Labour law – Review of arbitration award – Reasonableness standard (Herholdt/Kloof Mine) – Arbitrator’s misconstruction of charge by ignoring standing written instructions (checklist) – Patent irregularity in refusing postponement but non‑prejudicial – Sanction assessment: prior warnings and suspension supported dismissal.
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14 May 2015 |
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Reported
Court awards compensation under s 68(1)(b) for losses from an unprotected strike continued after an interdict, with instalments and wage deductions.
Labour law – Unprotected strike – Compensation under s 68(1)(b) of the LRA – factors: attempts to comply, premeditation, response to unjustified conduct, compliance with interdict, collective bargaining interests, duration, financial position. Evidence – affidavit-based proof of loss and attribution to strike; credibility of union's efforts to curb action. Remedies – joint and several liability of union and members; wage deductions authorised by BCEA s 34(1)(b); instalment repayment to mitigate financial effect.
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7 May 2015 |
| April 2015 |
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Commissioner failed to balance factors; dismissal for admitted dishonesty was substantively and procedurally fair and substituted by the Court.
Labour law – dismissal for dishonesty – weight of dishonesty in sanction assessment; Commissioner’s duty to balance mitigating and aggravating factors (Sidumo); Review – unreasonableness/partiality as reviewable irregularity; Substitution of arbitration award by court where record complete; Position of trust and prior warning aggravating misconduct.
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29 April 2015 |
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Applicant failed to show arbitrator unreasonable; technical affidavit defect not fatal and condonation was upheld.
Labour law – condonation for late institution of disciplinary proceedings – SALGBC disciplinary code time limits – procedural requirement of affidavit – signature on annexure – substance over form – review on reasonableness standard.
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29 April 2015 |
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Court upheld CCMA finding that claimant was an employee, not an independent contractor, and dismissed the review with costs.
Labour law – employment relationship – employee v independent contractor; application of s 200A indicia (control, integration, economic dependence, tools, exclusivity); contractual labels and waivers not determinative of employment status; review standard (de novo for employment-status findings; reasonableness for other grounds); arbitration award of unfair dismissal and compensation upheld.
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24 April 2015 |
| March 2015 |
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A reasonable arbitrator’s finding that officers bona fide exercised discretion, negating misconduct, is not reviewable.
Labour law – review of arbitration award – reasonableness standard – deference to arbitrator’s factual findings; Police disciplinary law – exercise of discretion not to arrest in terms of National Commissioner’s directive; Evidentiary burden – employer’s failure to produce SAPS 13 register undermines proof; Procedural irregularity – absence of prejudice defeats review remedy.
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24 March 2015 |
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Reported
Court enforces arbitration-derived promotion order, denies contempt imprisonment for lack of personal service, and rejects late legality challenge.
Labour law – interpretation of arbitration awards and court orders; enforcement of awards made an order of court; contempt of court – requisites (order; service; non-compliance; wilfulness/mala fides); alleged illegality under Public Service Act/PFMA – timing and limits of raising illegality; discretionary exclusion of late affidavits.
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24 March 2015 |
| December 2014 |
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Reported
An employer consulting the required collective body need not separately consult individual employees; termination was lawful.
Labour law – Section 189(1) hierarchy – consultation with bodies under collective agreements displaces obligation to consult individual employees; locus standi under s189A(13); facilitation under s189A(4) may be by agreement; effect of s189A(7) time limits on lawful termination.
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5 December 2014 |
| September 2014 |
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Arbitrator misapplied consistency principle and wrongly characterized gross negligence as mere negligence; dismissal remitted for reconsideration.
Labour law — Review of arbitration award — Gross negligence standard — Distinction between severity of misconduct and intolerability of employment relationship — Consistency in sanctions — Erroneous comparator based on procedural flaw — Remittal for reconsideration of sanction.
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3 September 2014 |
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A CCMA s142A settlement providing reinstatement was validly made an arbitration award despite a later signed fixed-term contract.
Labour law – s142A settlement agreements – enforcement as arbitration awards; review grounds – tribunal reliance on extraneous recollection; contractual interpretation and rectification; role of subsequent conduct; waiver/election defence reserved.
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3 September 2014 |
| August 2014 |
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12 August 2014 |
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Labour Court may intervene to protect an employee's right to be heard when a commissioner refuses to re-open a case.
Labour law – CCMA arbitration – intervention in uncompleted arbitrations – exceptional circumstances permitting Labour Court relief to prevent denial of right to be heard. Administrative fairness – commissioner’s duty under s138 LRA to determine disputes fairly; right to be heard. Remedies – limits of s144 rescission and review as alternative remedies where party was present but denied opportunity to present evidence. Costs – employer ordered to pay costs for opposing unnecessary litigation.
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12 August 2014 |
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Court intervened in an uncompleted disciplinary enquiry where the chairperson acted ultra vires and awarded costs to the applicant.
Labour law – interim relief to stay disciplinary enquiry; jurisdiction to intervene in uncompleted disciplinary proceedings in exceptional cases; ultra vires findings by chairperson; right to be heard (audi) and waiver; authority to represent juristic person; costs where applicant would have succeeded but for respondent's dismissal.
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1 August 2014 |
| May 2014 |
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Reported
Award set aside where arbitrator failed to record proceedings, concealed conflict and breached duty to act impartially.
Labour law – arbitration – duty to conduct arbitration fairly (s138(1) LRA); failure to record proceedings – reviewability of award; duty to disclose conflicts of interest and to recuse; unreasonable award; adverse costs (attorney-and-client) for arbitrator and bargaining council. |
27 May 2014 |
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A letter of intent does not satisfy LRA s68(2); urgent interdict struck for inadequate notice and costs awarded against applicants.
Labour law – secondary strikes – s66 and s68(2) LRA – statutory "notice of the application" requires a notice of motion with supporting affidavits; letter of intent insufficient – requirements for shortening 48‑hour notice (written notice, reasonable opportunity to be heard, good cause) – condonation procedure required – costs awarded for non‑compliance.
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21 May 2014 |
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Court dismissed automatic-unfairness claims; referral to CCMA for ordinary unfair-dismissal arising from incapacity; costs shared.
Labour law – alleged automatically unfair dismissal – s 187(1)(d) (exercise of LRA rights) and s 187(1)(h) (protected disclosure under PDA) – causation test from Kroukam applied; incapacity dismissal – contested medical incapacity and Disability Management Committee procedures; jurisdiction – court may dismiss automatic-unfairness claim and refer ordinary unfair-dismissal disputes to CCMA; costs – each party to pay own.
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16 May 2014 |
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Reported
Failure to file a proper answering affidavit left the applicant's version unchallenged, but insufficient evidence on section 68 required oral evidence.
Labour law – strike – unprotected strike – claim for damages under section 68(1)(b) of the LRA – requirements for assessment of just and equitable compensation. Civil procedure – motion proceedings v action – material disputes of fact and when motion proceedings are inappropriate. Rescission/condonation – section 165 of the LRA – delay and unsatisfactory explanation. Evidence – adequacy of affidavit evidence to determine quantum; referral to oral evidence where factual basis is insufficient.
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15 May 2014 |
| April 2014 |
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Applicant’s contractual damages claim dismissed for failure to plead or prove calculations and legal basis for claimed losses.
Employment law – Contractual damages – Claim for notice pay and other losses dismissed where amounts were baldly stated without factual or documentary substantiation; court may not engage in conjecture when assessing damages (SA Football Association v Mangope applied). Contract – notice provisions; proof of damages; legal basis for recovery of employer property.
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29 April 2014 |
| February 2014 |
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An arbitrator’s refusal to decide issues in the parties’ agreed terms of reference is a gross irregularity making the award reviewable.
Arbitration — review under s33 Arbitration Act — agreement that award is final does not oust review — arbitrator must determine issues in parties’ agreed pleadings — failure to adjudicate issues within terms of reference is gross irregularity and excess of power — award reviewable and remitted.
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7 February 2014 |
| January 2014 |
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Applicant failed to establish urgency; application struck from the roll and costs awarded to respondent.
Labour law — Urgent applications — Rule 8(2) requires explanation of urgency and non-compliance with rules; delay and self-created urgency defeat entitlement to urgent relief; internal disciplinary remedies should be exhausted before review; costs follow where urgency not established.
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31 January 2014 |
| December 2013 |
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Reported
Bargaining council may adjudicate alleged s17 PSA terminations if the statutory absence requirements are not established.
Public Service Act s17(5)(a)(i) — ex lege termination for absence without permission for >1 calendar month — jurisdiction of bargaining council — factual enquiry justiciable — dismissal v s17 termination distinction — review standard: Sidumo/Herholdt reasonableness test.
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13 December 2013 |
| September 2013 |
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A commissioner may lawfully find dismissal disproportionate where prolonged unfair treatment and non‑compliance with prior orders mitigate an employee’s dishonest act.
Labour law – dismissal for dishonesty – mitigation where employee acted in higher post without promotion or pay; employer’s non‑compliance with prior arbitral/court orders; Sidumo reasonableness review standard; reinstatement vs re‑employment; substantive fairness of sanction.
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12 September 2013 |
| April 2013 |
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Filing a rescission application does not prevent a CCMA commissioner from rescinding his own ruling under section 144(a) LRA.
Labour law – CCMA procedure – rescission of awards – section 144(a) LRA – filing of rescission application does not oust commissioner’s power to rescind sua sponte; procedural irregularity and minor factual errors do not automatically render a ruling reviewable.
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18 April 2013 |
