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Case law by topic

Judgments on labour

78 judgments on file that touch labour, newest first, each with the court's own file.

Handed downJudgmentCourt
19 Oct 2021 Mlungisi Wellington Booi v Amathole District Municipality and Others[2021] ZACC 36 · Labour Relations Act 66 of 1995 — remedy of reinstatement — section 193(2)(b) demands that intolerability of continued employment relationsh... Constitutional Court
7 Sep 2021 Union for Police Security and Corrections Organisation v South African Custodial Management (Pty) Limited[2021] ZACC 26 · Appeal from the Labour Court — costs — no reasons from the Labour Court for departure from the general rule that costs do not follow the res... Constitutional Court
22 Jun 2021 National Union of Mineworkers and Others v SAMANCOR Limited and Others[2021] ZACC 16 · Appeal from the Labour Appeal Court — costs — no reasons from Labour Appeal Court for departure from the general rule that costs 2 follow th... Constitutional Court
17 Jun 2021 McGregor v Public Health and Social Development Sectoral Bargaining Council and Others[2021] ZACC 14 · Labour Relations Act 66 of 1995 — unfair dismissal — sexual harassment — compensation for procedural unfairness — section 193(2)(c) and sect... Constitutional Court
4 Dec 2020 Louisah Basani Baloyi v Public Protector and Others[2020] ZACC 27 · Labour Relations Act 66 of 1995 — section 157(1) — concurrent jurisdiction — unlawful termination Constitutional Court
26 Nov 2020 Nkandla Local Municipality and Others v MEC for the Department of COGTA and Others[2020] ZASCA 153 Supreme Court of Appeal
16 Sep 2020 National Union of Metal Workers of South Africa and Others v Aveng Trident Steel (A Division of Aveng Africa (Pty) Limited) and Another[2020] ZACC 23 · Section 187(1)(c) of the Labour Relations Act 66 of 1995 — demand — automatically unfair dismissals — operational requirements — consultatio... Constitutional Court
4 Aug 2020 Road Traffic Management Corporation v Tasima (Pty) Limited; Tasima (Pty) Limited v Road Traffic Management Corporation[2020] ZACC 21 · Labour Relations Act 66 of 1995 — section 197 transfer — transfer of employment contracts — effective date of transfer — effect of public or... Constitutional Court
6 May 2020 Association of Mine Workers and Construction Union v Ngululu Bulk Carriers (Pty) Limited[2020] ZACC 8 · [section 191 Labour Relations Act] — [jurisdiction] — [characterisation of dispute] Constitutional Court
26 Mar 2020 National Union of Metal Workers of South Africa v Lufil Packaging (Isithebe) and Others[2020] ZACC 7 · Section 4(1)(b) of the Labour Relations Act 66 of 1995 — trade union constitutions — scope of industry — eligibility of trade union membersh... Constitutional Court
20 Mar 2020 Member of the Executive Council for the Department of Health, Western Cape v Coetzee and Others[2020] ZACC 3 · Labour Relations Act 66 of 1995 — Public Service Act 103 of 1994 — definition of public service — Public Health and Social Development Secto... Constitutional Court
20 Mar 2020 Maswanganyi v Minister of Defence and Military Veterans and Others[2020] ZACC 4 · Termination of employment by the South African National Defence Force — ex lege (by operation of law) — pursuant to section 59(1)(d) of the... Constitutional Court
23 Jan 2020 Association of Mine Workers and Construction Union and Others v Royal Bafokeng Platinum Mine Limited and Others[2020] ZACC 1 · Labour Relations Act 66 of 1995 — constitutionality of sections 23(1)(d) and 189(1) — principle of majoritarianism — retrenchment — consulta... Constitutional Court
26 Nov 2019 Amalungelo Workers’ Union and Others v Philip Morris South Africa (Pty) Limited and Another[2019] ZACC 45 · Basic Conditions of Employment Act 75 of 1997 — Section 77 — Labour Court’s jurisdiction — Labour inspector’s functions Constitutional Court
20 Aug 2019 Mwelase and Others v Director- General for the Department of Rural Development and Land Reform and Another[2019] ZACC 30 · Land Reform (Labour Tenants) Act 3 of 1996 — appointment of a special master by Land Claims Court — separation of powers — not overreach of... Constitutional Court
28 Jun 2019 National Union of Metalworkers South Africa obo Nganezi and Others v Dunlop Mixing and Technical Services (Pty) Limited and Others (Casual Workers Advice Office as Amicus Curiae)[2019] ZACC 25 · Labour Relations Act 66 of 1996 — unfair dismissal — derivative misconduct — violent strike Constitutional Court
30 Apr 2019 Steenkamp and Others v Edcon Limited[2019] ZACC 17 · Labour Relations Act 66 of 1995 — dismissal for operational requirements — application in terms of section 189A(13) brought outside of time... Constitutional Court
19 Feb 2019 Long v South African Breweries (Pty) Limited and Others; Long v South African Breweries (Pty) Limited and Others[2019] ZACC 7 · Labour Relations Act 66 of 1995 — fail labour practices — hearing prior to precautionary suspension Labour Relations Act 66 of 1995 — costs... Constitutional Court
7 Feb 2019 Stokwe v Member of the Executive Council: Department of Education, Eastern Cape and Others[2019] ZACC 3 · [Appeal from the Labour Court] — [Employment of Educators Act] — [Schedule 2 item 2(g)] — [disciplinary proceedings must be concluded in the... Constitutional Court
29 Nov 2018 Diener NO v Minister of Justice and Others[2018] ZACC 48 · Companies Act – Chapter 6 – sections 135(4) and 143(5) – business rescue proceedings – interpretation – during liquidation – super preferenc... Constitutional Court
6 Nov 2018 South African Commercial Catering and Allied Workers Union and Others v Woolworths (Pty) Limited[2018] ZACC 44 · Labour Relations Act — section 189A(19) — retrenchment — dismissal for operational requirements Substantive unfairness — operationally justi... Constitutional Court
27 Sep 2018 Airports Company South Africa v Big Five Duty Free (Pty) Limited and Others[2018] ZACC 33 · Interpretation of contracts — Judgments in rem — When can settlement agreements be made an order of court Agreements between private parties... Constitutional Court
20 Sep 2018 800/18; 123/18; 346/18 MediaSummary - Life Healthcare Group (PTY) LTD v DR Abdool Samad Suliman[2018] ZASCA 118 Supreme Court of Appeal
13 Sep 2018 Duncanmec (Pty) Limited v Gaylard NO and Others[2018] ZACC 29 · [struggle songs] — [racism in the workplace] — [racially offensive conduct] [misconduct] — [unprotected strike] — [unfair dismissal] — [Sidu... Constitutional Court
23 Aug 2018 Police and Prisons Civil Rights Union (POPCRU) v South African Correctional Services Workers' Union (SACOSWU) and Others[2018] ZACC 24 · Labour Relations Act 66 of 1995 — interpretation of sections 18 and 20 — collective agreements — thresholds of representativeness collective... Constitutional Court
26 Jul 2018 Assign Services (Pty) Limited v National Union of Metalworkers Union of South Africa and Others (Casual Workers Advice Office as Amicus Curiae)[2018] ZACC 22 · Labour Relations Act 66 of 1995 — section 198A(3)(b) — temporary employment services — placed workers deemed employees of the client — secti... Constitutional Court
17 May 2018 Rustenburg Platinum Mine v SAEWA obo Bester and Others[2018] ZACC 13 · Referring to a fellow employee as a “swart man” — test for whether words are derogatory and racist is objective — starting point must take i... Constitutional Court
25 Apr 2018 Pretorius and Another v Transport Pension Fund and Others[2018] ZACC 10 · Exceptions — pension funds— pension benefits — class action Constitutional Court

A judgment is listed here when the court's own summary or its title uses the term; it is a finding aid, not a headnote. All topics.