L
NM
L

2022/COM/0440

·Apex Mining — BEE Compliance Audit
closedCommercial
Matter tree· Apex Mining Ltd
Documents0
Emails0
Tasks0
Heads of Argument — Draft.docx· Pleadings · Last edited today

Document preview

IN THE LABOUR COURT OF SOUTH AFRICA

JOHANNESBURG

Case no: J124/2024

In the matter between:
SIBUSISO NKOSI · Applicant
and
TRANSVAAL LOGISTICS (PTY) LTD · Respondent

HEADS OF ARGUMENT ON BEHALF OF THE APPLICANT

1. This matter concerns an automatically unfair dismissal pursuant to section 187(1)(f) of the Labour Relations Act 66 of 1995.

2. The applicant participated in a protected strike on 14–16 January 2026. The employer's stated reason for dismissal — gross insubordination — is inconsistent with the timeline of events documented in Exhibit C.

Matter context· AI · Citations
Parties
    Latest AI insight

    Based on the available corpus, an automatically unfair dismissal under the Labour Relations Act 66 of 1995 (LRA) requires proof that the reason for dismissal falls within the grounds listed in section 187(1)(f). In Nkosi v Transvaal Logisti…

    Sources
    Labour Relations Act 66 of 1995 · s187(1)(f)verified
    Statement of Claim — Nkosi v Transvaal Logistics · ¶14–18verified
    Employer Disciplinary Outcome Letter · p2unverified
    No upcoming deadline
    Assistant· Context
    Citations · 3

    Labour Relations Act 66 of 1995

    statute · s187(1)(f) · 94%

    verified
    A dismissal is automatically unfair if the reason for the dismissal is that the employee participated in a protected strike...

    Statement of Claim — Nkosi v Transvaal Logistics

    document · ¶14–18 · 88%

    verified
    The applicant alleges his dismissal was linked to participation in the protected strike of 14–16 January 2026.

    Employer Disciplinary Outcome Letter

    document · p2 · 72%

    unverified
    Reason given: gross insubordination and failure to follow reasonable instruction.