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Labour Court of South Africa, Port Elizabeth

The Labour Court has the same status as a high court. The Labour Court adjudicates matters relating to labour disputes. Appeals are made to the Labour Appeal Court.

Physical address
Bird street 2, Central Port Elizabeth, Port Elizabeth, 6001
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https://www.justice.gov.za/labourcourt
11 judgments
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11 judgments
Citation
Judgment date
December 2025
Chipu v General Public Service Sectoral Bargaining Council and Others (PR 149/23) [2025] ZALCPE 11 (30 December 2025)
Panelist's failure to inform parties and afford a hearing vitiated the condonation ruling; matter remitted for de novo determination.
Labour law – review of condonation ruling – procedural fairness – rule 32(10) GPSSBC 2017 rules – right to be heard – gross irregularity under s 145(2)(a)(ii) LRA – Herholdt reasonableness test – remittal for de novo determination.
 30 December 2025
November 2025
Saficon Industrial Equipment (Pty) Ltd t/a Toyota Forklift v Seasani NO and Others (PR 87/20) [2025] ZALCPE 10 (14 November 2025)
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).
 14 November 2025
October 2025
Tukela v McPherson and Another (P95/24) [2025] ZALCPE 7 (16 October 2025)
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.
 16 October 2025
Netcowave (Pty) Ltd t/a Vincent Park Convenience Centre v Dispute Resolution Centre and Others (PR117/2023) [2025] ZALCPE 9 (13 October 2025)
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.
 13 October 2025
Demingo v Safety & Security Sectoral Bargaining Council and Others (PR243/22) [2025] ZALCPE 8 (10 October 2025)
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.
 10 October 2025
Department of Health v Ndlovu and Others (2025-104199) [2025] ZALCPE 6 (2 October 2025)
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.
 2 October 2025
August 2025
Barloworld Transport (Pty) Ltd v Zimema and Others (PR 57/21) [2025] ZALCPE 5 (21 August 2025)
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.
 21 August 2025
June 2025
Bani and Others v Commission for Conciliation, Mediation and Arbitration and Others (PR 84/2022) [2025] ZALCPE 3 (10 June 2025) (Review)
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
 10 June 2025
May 2025
Inxuba Yethemba Municipality v Msweli and Others (PR198/21) [2025] ZALCPE 2 (30 May 2025) (Leave to Appeal)
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.
 30 May 2025
Inxuba Yethemba Municipality v Msweli and Others (PR198/21) [2025] ZALCPE 4 (30 May 2025) (Leave to Appeal)
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
 30 May 2025
April 2025
Inxuba Yethemba Municipality v Msweli and Others (PR198/21) [2025] ZALCPE 1 (7 April 2025)
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.
 7 April 2025