RECENT DEVELOPMENTS IN S.A. EMPLOYMENT LAW

Date of Judgment & Seat of Court: 9 July 2026, Labour Court, Durban Case No: D377/2022 Name of Judge(s): Prior AJ Summary of Factual Matrix: The Transport Retail and General Workers Union (THORN), registered since 1997 under number LR2/6/2/442 and renamed in 2018, had its registration cancelled by the Registrar of Labour Relations, whose notice was published on 21 July 2022. The Registrar acted on the complaints of a Ms Kovu, a former general secretary removed from office in 2015, who claimed to represent a competing faction under the former name THOR. The Registrar's stated grounds were that the union had ceased to function as a genuine trade union and in terms of its constitution, and had failed to comply with ss 98 to 100 of the Labour Relations Act. The union had filed audited financial statements, and the cancellation was suspended pending appeal on 11 August 2022. The union appealed under s 111(3). The Registrar raised non-joinder of THOR in her heads of argument an...

Seat of Court: Labour Court, Cape Town Date Delivered: 8 October 2026 Case No: C447/2024 Name of Judge(s): Gandidze J Factual Summary: Fourteen members of IMATU, employees of the City of Cape Town, claimed in contract that they were entitled to be paid for overtime and that the City had breached their contracts by unilaterally ceasing to pay it. On 7 August 2026 the Labour Court dismissed the claim, holding that the term relied upon did not exist, and ordered costs against the union. The plaintiffs sought leave to appeal, contending that the letters of appointment, read with the contracts and policies, were ambiguous in providing for terms 'as amended from time to time', that the City could not unilaterally remove overtime pay, that the court had wrongly held the constitutional right to fair labour practices to have been unpleaded, and that the matter was of wider importance. The City opposed, pointing to how the plaintiffs' case had evolved and to the concessions m...

Date of Judgment & Seat of Court: 28 September 2026, Labour Court, Cape Town Case No: C425/2024 Name of Judge(s): Gandidze J Summary of Factual Matrix: Ms Dube, a Learner Law Enforcement Officer employed by the City of Cape Town on a fixed-term contract, tested positive for cannabis, heroin and codeine in a random test on 12 March 2023. The City's Substance Abuse System Procedure treats the presence of any such substance, at any level, as being under the influence. A re-test two weeks later was negative. She pleaded guilty, the only issue being sanction, and was dismissed on 29 September 2023. Law enforcement officers carry firearms, drive vehicles and work in gang-affected areas, and an executive director's instruction required them to be held to a higher standard. On 2 May 2024 a bargaining council commissioner found the dismissal procedurally fair but substantively unfair, treating the matter as a cannabis-only case and relying on Enever v Barloworld, and ordered r...

Date of Judgment & Seat of Court: 10 April 2026; Labour Court of South Africa, Johannesburg Name of Judge(s): Collis AJ Summary of Factual Matrix:  Harmony launched an application to review an arbitration award issued by the CCMA under case number FSW 2381-21. On 15 May 2023, Solidarity (acting for Mr Visagie) launched a Rule 11 application to dismiss the review application and make the arbitration award an order of Court. Harmony delivered its notice of intention to oppose and answering affidavit on 29 May 2023.  The applicant's replying affidavit to the Rule 11 application was delivered only on 17 August 2023, approximately two and a half months late. Harmony delivered a notice of objection on 18 August 2023.  The applicant then delivered a condonation application on 7 September 2023. The present judgment addressed the condonation application. Summary of Findings: "[14] It is trite that in an application for condonation, a deponent will be required to address the fo...

Date of Judgment & Seat of Court: 8 April 2026; Labour Court of South Africa, Johannesburg Name of Judge(s): Makhura J Summary of Factual Matrix:  On 26 November 2025, the Court dismissed with costs the applicant's application to review and set aside an arbitration award issued by the second respondent on 30 October 2019. In that award, the second respondent concluded that the dismissal of the individual applicant was both substantively and procedurally fair. The applicant subsequently filed an application for leave to appeal against that judgment and order. Summary of Findings: "[3] I have considered the application for leave to appeal, together with the grounds advanced by the applicant as further developed in the written submissions. I have also had regard to the applicable statutory test for the grant of leave to appeal contained in section 17(1) of the Superior Courts Act and am satisfied that the application meets the requisite threshold." As such, the Court c...

Date of Judgment & Seat of Court: 20 April 2026; Labour Court of South Africa, Johannesburg Name of Judge(s): Daniels J Summary of Factual Matrix:  The third respondent was appointed as section engineer on 1 August 2018. In late March 2021, he was charged with misconduct: (i) conduct unbecoming for appointing a supplier (Fikra) that did not meet safety requirements; (ii) acting against company regulations by not following procurement policy; (iii) gross negligence for taking suppliers underground without induction/training; and (iv) corrupt/fraudulent practices for appointing incompetent suppliers who performed substandard work at inflated rates.  The applicant's case was that the third respondent motivated for Fikra's appointment, indicating compliance with safety directives, but Fikra charged significantly more than the existing supplier (Premier), performed substandard work requiring re-doing, and lacked a safety file. The third respondent testified he sought savings t...

Date of Judgment & Seat of Court: 13 April 2026; Labour Court of South Africa, Cape Town Name of Judge(s): Lagrange J Summary of Factual Matrix:  The applicant was employed as a team leader in the employer's farming operation. He was dismissed after being found guilty of three charges: (a) inciting fellow employees to approach management for salary increases; (b) gross negligence relating to health and safety, concerning an injury to an employee sitting on a trailer being towed by a tractor he was driving; and (c) acting in breach of COVID Level 5 lockdown regulations by visiting a clinic 35km away for a routine follow-up consultation, contrary to instructions limiting clinic visits to emergencies.  The arbitrator dismissed the incitement charge but upheld the remaining two, finding the dismissal substantively and procedurally fair. The applicant, representing himself, sought review on grounds including alleged delay in disciplinary action, failure to consider harvest-time...

Date of Judgment & Seat of Court: 13 April 2026; Labour Court of South Africa, Johannesburg Name of Judge(s): Lewis AJ Summary of Factual Matrix:  Professor Ravinder was employed as a Professor at the Graduate School of Business and Government Leadership from 1 October 2016 until dismissal on 4 August 2021. Between December 2019 and February 2020, he attended 22 conferences in India and submitted reimbursement claims for hotel accommodation for five conferences. He was charged with misconduct: "Any act or behaviour which has an element of dishonesty and/or misappropriation... in that you are alleged to have submitted reimbursement claims for hotel accommodation... the said claims are believed to be a misrepresentation or fraudulent claims".  Following disciplinary proceedings, he was found guilty and dismissed. The arbitrator found the dismissal substantively fair. Professor Ravinder sought review. Summary of Findings: "[11] The test to be applied under section 14...

Date of Judgment & Seat of Court: 8 April 2026; Labour Court of South Africa, Johannesburg Name of Judge(s): Steenkamp AJ Summary of Factual Matrix:  The applicant was employed by the Presidential Protection Services (PPS) of SAPS, stationed in Durban. Following tension with Lieutenant Colonel Ngcobo and reciprocal complaints, an internal investigation recommended the applicant's re-deployment as an interim measure.  On 21 January 2025, she was permanently re-deployed to the Information Management Centre. The applicant acknowledged receipt on 29 January 2025 but allegedly continued attending at her original post.  On 28 May 2025, she was charged with failing to comply with the re-deployment instruction. Her salary was stopped on 30 August 2025; she became aware on 9 September 2025. She ceased reporting for duty on 10 September 2025, alleging lack of financial means. Letters of demand were issued in October 2025 and February 2026.  This urgent application was laun...

Date of Judgment & Seat of Court: 17 April 2026; Labour Court of South Africa, Johannesburg Name of Judge(s): Tshisevhe AJ Summary of Factual Matrix:  The applicant was employed as a Lecturer by the First Respondent from 1 August 2013. On 10 October 2021, the Head of Department allocated the module General Principles of Criminal Law (CJUA021) to both the applicant and himself as co-lecturers.  The applicant queried what aspects the HOD would lecture, and was advised the HOD would only intervene when necessary and contribute to assessments, with the applicant remaining primary facilitator.  The applicant reported concerns to the Director and Dean. When asked to provide assessment papers on 16 March 2021, the applicant indicated he would not participate in module activities as he had escalated his grievance.  He was subsequently charged with insubordination and neglect of duties, found guilty, and suspended without pay for three months plus a final written warnin...