RECENT DEVELOPMENTS IN S.A. EMPLOYMENT LAW

Date of Judgment & Seat of Court: 23 October 2026, Labour Court, Johannesburg Case No: JR2334/23 Name of Judge(s): Motshekga AJ Summary of Factual Matrix: Ms Mogano, a multi-skilled employee at Ster-Kinekor's cinema in Rosebank since 2014 whose duties included preparing popcorn, was dismissed in July 2023 for misappropriation of company assets, dishonesty and failure to adhere to company policy, the employer alleging that the complex manager had found her eating popcorn in the kitchen. Her version was that she had put a few kernels in her mouth to check the level of salt, as the manager had told her to do after a customer complained in 2022 that the popcorn was too salty. The CCMA commissioner preferred her version, found that neither dishonesty nor a rule prohibiting tasting (or her knowledge of one) had been proved, held the dismissal substantively unfair and ordered retrospective reinstatement. Ster-Kinekor applied, one day late, to review the award, contending that the c...

Seat of Court: Labour Court, Johannesburg Date Delivered: 23 October 2026 Case No: 2026/214432 Name of Judge(s): Ramji AJ Factual Summary: NUMSA, acting on behalf of Dr Seopela, brought an urgent application against Denel Soc Ltd concerning disciplinary proceedings against the employee, after a referral to the CCMA under section 188A(11) of the LRA which the CCMA had set down for hearing. On 15 September 2026 the Court granted an order, including a declarator, on the footing that, as it interpreted IDC v Modika, the CCMA's setting down of a section 188A(11) referral constitutes the decision that suspends the disciplinary proceedings. NUMSA had sought relief based on changed circumstances by way of a supplementary affidavit without amending its notice of motion. Reasons were delivered on 18 September 2026. Denel applied for leave to appeal on some eight grounds, including the Court's interpretation of IDC, the grant of relief not sought in the notice of motion, urgency, the ...

Date of Judgment & Seat of Court: 23 October 2026, Labour Court, Johannesburg Case No: 2026/241333 Name of Judge(s): Snyman AJ Summary of Factual Matrix: The applicant, an Eskom employee and the Regional Chairperson of the Highveld Region of the National Union of Mineworkers (NUM), had his office-bearer benefits, including a car allowance, terminated in March 2026 after a Facebook comment praising a rival union, and was expelled from NUM on 30 April 2026. Legally assisted throughout, he challenged the expulsion in the High Court by way of an application in the ordinary course, launched on 29 May 2026. After NUM's attorneys pointed out in September 2026 that the dispute fell within the exclusive jurisdiction of the Labour Court under section 158(1)(e) of the LRA, he withdrew that application. On 30 September 2026 he brought an identical application in the Labour Court, this time as an urgent application, seeking final declaratory relief that his expulsion and removal from off...

Date of Judgment & Seat of Court: 23 October 2026, Labour Court, Johannesburg Case No: 2026/249228 Name of Judge(s): Snyman AJ Summary of Factual Matrix: The South African Post Office (SAPO) has been in business rescue since July 2023. Six employees dismissed for misconduct in December 2025 referred an unfair dismissal dispute to the CCMA without obtaining the consent of the business rescue practitioners or the leave of the High Court under section 133(1) of the Companies Act, and without joining the practitioners. SAPO objected in limine that the moratorium deprived the CCMA of jurisdiction and that the practitioners had not been joined. The commissioner dismissed the objection, relying on a purported Constitutional Court judgment, cited as [2023] ZACC 40, which does not exist, and the arbitration was set down for 15 October 2026. After an abortive rescission application in the CCMA, SAPO and its practitioners brought a review application under section 158(1)(g) of the LRA and ...

Seat of Court: Labour Court, Johannesburg Date Delivered: 22 October 2026 Case No: JS140/25 Name of Judge(s): Maluleke AJ Factual Summary: The employee, Ms Ramphaka, referred a retrenchment dispute against Inclusion Consulting (Pty) Ltd and Leapfrog Investments Limited by way of a statement of claim. In an interlocutory judgment delivered on 8 June 2026 the Court granted her condonation for the late referral. The CCMA had issued only a jurisdictional ruling and had never dealt with the merits. After the hearing but before judgment, the employer had emailed an application to reopen the condonation proceedings directly to the presiding acting judge, without enrolment or allocation through the Registrar or the Judge President. The employer applied for leave to appeal against the condonation judgment on four grounds: the failure to deal with its pending application to adduce new evidence; the failure to consider certain periods of delay (two grounds); and the failure to consider prospe...

Date of Judgment & Seat of Court: 22 October 2026, Labour Court, Johannesburg Case No: 2026/242651 Name of Judge(s): Tlhotlhalemaje J Summary of Factual Matrix: The applicant, the elected Regional Chairperson of NUMSA's Mpumalanga Region and thereby a member of its Central Committee, challenged a decision of the union's national office bearers. After a shop steward complained to the General Secretary that delegates to the Mpumalanga Regional Congress of June 2026 had not been elected in accordance with the union's constitution, the President announced by letter of 4 September 2026 that the Central Committee would reconvene without the Mpumalanga delegates exercising full participatory and voting rights until their constitutional status had been resolved. The Central Committee was due to resume on 23 to 25 October 2026, ahead of the National Congress. Under section 158(1)(e)(i) of the LRA the applicant sought, in Part A, an urgent interim interdict restraining NUMSA a...

Date of Judgment & Seat of Court: 22 October 2026, Labour Appeal Court Case No: A2025/183459 Name of Judge(s): Gqamana AJA (Nkutha-Nkontwana JA and Masipa AJA concurring) Summary of Factual Matrix: In August 2020 Eskom advertised the post of Chief Advisor: Organisational Design and Workforce Planning, stipulating as minimum requirements a degree in Human Resources, Social Sciences or Behavioural Science at NQF 7 and seven years' relevant experience. The employee, who holds a BCom in Informatics and an LLB, applied but was excluded from the shortlist solely on the qualification requirement. He referred an unfair labour practice dispute relating to promotion to the CCMA, where the commissioner found that he met neither requirement and that no unfair labour practice had been committed. On an unopposed review, the Labour Court set the award aside and granted the employee compensation equal to six months' remuneration at G17 level. With leave of the Labour Appeal Court, Eskom...

Date of Judgment & Seat of Court: 21 October 2026, Labour Court, Johannesburg Case No: JR2372/23 Name of Judge(s): Mhambi AJ Summary of Factual Matrix: Ms Sicedile, a long-serving Engineering Foreman at Sasol's Thubelisha Colliery responsible for supervising a team performing underground electrical work, was charged with misconduct arising from events of 3 to 5 July 2022. She was found guilty of permitting high-risk work to proceed on 4 July 2022 without a lock-out (in breach of a life-saving safety rule) and of failing to ensure that a job safety analysis was in place, acquitted of a third charge, and dismissed. A CCMA commissioner, preferring the evidence of her line manager, found the dismissal procedurally and substantively fair. CEPPWAWU, on her behalf, applied under section 145 of the LRA to review the award, seeking substitution or remittal. It contended that the commissioner cited no authority, ought to have recused himself after allegedly disclosing a conversation w...