Recent South Africa: Labour Appeal Court Decisions

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In a recent decision by the Labour Appeal Court (LAC), the Court clarified the law on reinstatement, holding that an employer is not obliged to keep an employee’s seat ’warm’ where the employee has not tendered their services within a reasonable period following a reinstatement order. Where an employee fails to tender their services within a reasonable

Summary: Unopposed review application – employee dismissed for assaulting his colleague at work – employee alleging that the reason for the assault was that his colleague had sworn at him – unfair dismissal dispute scheduled for con/arb and arbitration occurring in the absence of employer despite the employer having delivered a notice of objection to con/arb The commissioner’s reasoning [9] In analysing the evidence in order to determine whether the suspension of the applicant was procedurally and substantively fair, the commissioner considered the evidence and the legal position as confirmed by the constitutional court in Long v South African Breweries (Pty) Ltd and Others1 and other related authority.

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Employer obligations regarding reinstatement orders come into sharp focus when the CCMA rules in favour of an employee. But how long must the employer keep the position open, and can the employee choose when to return? Recent Labour Appeal Court decisions shed light on what is expected from both parties following a reinstatement order. In Nutrichem (Pty) Ltd v Southern African Clothing and Textile Workers Union and Another (JA47/2023) [2025] ZALAC 13 (26 February 2025) Standard Bank of South Africa v South African Society of Bargaining Officials and Others (JA 107/22) [2025] ZALAC 10 (27 February 2025) 11 Ms Myburgh referred to the decision in Cape Town City Council v Masitho & Others2 in support of her argument in which the Labour Appeal Court stated the following:

South Africa: Johannesburg Labour Court, Johannesburg

r poor performance or his anti-union attitude. In TSI Holdings the Labour Appeal Court left the question open whether a work stoppage in support of a demand for the dismissal of a manager or co-employee would be protected where the dismissal would not infringe the relevant co-employee’s or the m Appeal against decision of Labour Court – respondent employee employed by appellant as a bus driver until her dismissal in 2021 after she was found guilty of reckless and negligent driving and causing an accident – evidence that employee accelerated on amber light and ran red traffic light – employee’s challenge to fairness This contribution summarises and considers recent South African labour law cases from June 2021 to May 2022. It focuses on several important decisions handed down by South African courts on a range of labour law matters. The cases addressed here were chosen because they establish new standards, expand on existing ones or establish new legal tests.

South Africa: Labour Court
THE LABOUR APPEAL COURT OF SOUTH AFRICA, DURBAN
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The Labour Appeal Court found that the record of the proceedings was in a deplorable state and the Labour Court ought not to have saddled itself with the task of evaluating the evidence as not all the relevant evidence was before it. The Labour Appeal Court is a South African court that hears appeals from the Labour Court. The court was established by the Labour Relations Act, 1995, and has a status similar to that of the Supreme Court of Appeal.It has its seat in Johannesburg but also hears cases in Cape Town, Port Elizabeth and Durban.

Overview Bowmans recently hosted a hybrid webinar on the latest cases impacting the employment law landscape in South Africa. Citations and mini-summaries of the cases discussed, together with key takeaways, are outlined in this article. South African Roadies Association v National Arts Councils of South Africa and Others (2023/076030) [2024] ZAGPJHC 936 (20 September 2024) Modupe v Legal Practice Council (2023/121159) [2024] ZAGPJHC 934 (20 September 2024) Do whatever you want with a Recent South Africa: Labour Appeal Court Decisions: fill, sign, print and send online instantly. Securely download your document with other editable templates, any time, with PDFfiller.

By Talita Laubscher and Monique Jefferson In Palace Engineering (Pty) Ltd v Ngcobo and Others [2014] 6 BLLR 557 (LAC), the Labour Appeal Court (LAC) considered the fairness of a dismissal of a senior manager for poor work performance. In this case, the employee was employed as the chief operations officer in terms of a three-year contract. The employee August 2025 Assmang (Pty) Ltd v Commissioner for the South African Revenue Service and Others (311/2024) [2025] ZASCA 121 (29 August 2025) South African Local Government Bargaining Council and Others v Municipal Workers Retirement Fund and Others (770/2023) [2025] ZASCA 120 (21 August 2025)

African Congress for Transformation v Electoral Commission of South Africa; Labour Party of South Africa v Electoral Commission of South Africa and Others; Afrikan Alliance of Social Democrats v Electoral Commission of South Africa (CCT 106/24; CCT 113/24; CCT 114/24) [2024] ZACC 7; 2024 (8) BCLR 987 (CC) (20 May 2024) The department appealed the Labour Court decision. In 2015, the Labour Appeal Court upheld the appeal on the ground that the L matter was remitted back to the bargaining council. Despite this, the parties then agreed to refer the dispute to the CCMA as a demarcation dispute (as to whether the dispute fell within the PSCBC) and an interpretati

2025 South Africa: Labour Appeal Court Decisions

THE LABOUR APPEAL COURT OF SOUTH AFRICA, JOHANNESBURG Not Reportable Case no: JA 71/23 In the matter between: stance of employer decisions is found wanting. For employers, this right of resort to expeditious and independent arbitration was intended not only to promote rational decision making about workplace discipline, it was also an acknowledgment that the elaborate procedural requirements that had been developed prior to the new Act were inefficient

African Congress for Transformation v Electoral Commission of South Africa; Labour Party of South Africa v Electoral Commission of South Africa and Others; Afrikan Alliance of Social Democrats v Electoral Commission of South Africa (CCT 106/24; CCT 113/24; CCT 114/24) [2024] ZACC 7; 2024 (8) BCLR 987 (CC) (20 May 2024) [1] This is an appeal against a judgment delivered by the Labour Court on 3 February 2023, in which the Labour Court found that the dismissal of the respondents (the employees) was substantively unfair. The appellant had dismissed the employees after a consultation process conducted in terms of s 189 of the Labour Relations Act1 (LRA), in circumstances where the

[8] The Labour Court unfortunately overlooked relevant decisions of the Constitutional Court. In Chirwa v Transnet Ltd & Others4, Skweyiya J held that “the LRA is the primary source in matters concerning allegations by employees of unfair dismissal and unfair labour practice irrespective of who the employer is, and includes the State and its organs as employers”.5 Ngcobo J MUSI, AJA Introduction [1] This is an appeal against the judgment and order of the Labour Court (Swartz, AJ), in which it found that the second and further respondents’ (employees) dismissals were automatically unfair, in terms of section 187 (1) (d) of the Labour Relations Act [1] (LRA). The appeal is with the leave of the Labour

Abstract This contribution summarises and addresses recent South African labour law cases from June 2020 to May 2021. It focuses on a number of noteworthy decisions handed down by South African courts on a range of labour law matters.

Sol Plaatje Municipality v South African Local Government Bargaining Council and Others (PA12/19) [2021] ZALAC 24; [2021] 11 BLLR 1096 (LAC); (2022) 43 ILJ 145 (LAC) (5 August 2021) THE LABOUR APPEAL COURT OF SOUTH AFRICA, JOHANNESBURG Not Reportable Case No: JA27/2024 In the matter between: DEPARTMENT OF CORRECTIONAL SERVICES Appellant and TD KUTU First Respondent GENERAL PUBLIC SERVICE SECTORAL Second Respondent BARGAINING COUNCIL PM NGAKO NO Third Respondent Heard: 27 IN THE LABOUR APPEAL COURT OF SOUTH AFRICA, JOAHNNESBURG Reportable Case No: JA03/2020 In the matter between: TOTAL SOUTH AFRICA (PTY) LTD Appellant and REON MEYER First Respondent RONNIE BRACKS N.O Second Respondent National bargaining council for the chemical industry Third Respondent Heard: 16 February

THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG

[8] The Labour Court unfortunately overlooked relevant decisions of the Constitutional Court. In Chirwa v Transnet Ltd & Others4, Skweyiya J held that “the LRA is the primary source in matters concerning allegations by employees of unfair dismissal and unfair labour practice irrespective of who the employer is, and includes the State and its organs as employers”.5 Ngcobo J You are here: Home | SUPERIOR COURTS | Specialised Courts | LABOUR AND LABOUR APPEAL COURT | COURT JUDGMENTS | Court Judgments – LLC

The employer’s decision to dismiss these employees brought the matter before the Courts. The Labour Court’s ruling, affirming the fairness of the dismissals both substantively and procedurally, offers several key takeaways for South African employers:

THE LABOUR APPEAL COURT OF SOUTH AFRICA, CAPE TOWN Not Reportable Case no: CA15/2024 In the matter between: TRUWORTHS LIMITED Appellant and THEMBELANI PETER Respondent Heard: 14 May 2025 Delivered: 05 June 2025 Coram: Savage JA, Musi et Waglay AJJA JUDGMENT WAGLAY, AJA Introduction [1] This appeal, with the [2]The applicant delayed in bringing the review application and filed an application to have the delay condoned. A decision to grant or refuse condonation requires this Court to exercise its discretion when deciding whether the applicant has shown good cause why the late filing should be condoned. Any applicant seeking condonation must set out the grounds

THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG Introduction This is an application for review in terms of section 145 of the Labour Relations Act1 (LRA). The Applicant is, South African Municipal Workers Union (SAMWU) on behalf of Mogorosi and 15 others, a registered trade union. May 2020 Naidoo and Others v Parliament of the Republic of South Africa (CA4/2019) [2020] ZALAC 38; (2020) 41 (ILJ) 1931 (LAC); [2020] 10 BLLR 1009 (LAC) (7 May 2020) City of Cape Town v South African Municipal Workers Unions obo Damons (CA01/2019) [2020] ZALAC 9; (2020) 41 (ILJ) 1893 (LAC); [2020] 9 BLLR 875 (LAC) (18 May 2020) Adams v National

South Africa: Durban Labour Court, Durban Database last updated: 19 August 2025 Most recent decision: 15 August 2025 Number of decisions: 658 Decisions beginning with 0-9 A B C D E F G H I J K L M N O P Q R S T U V W X Y Z Decisions for the years 2003 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021

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