Double jeopardy or double trouble? Labour Appeal Court blocks “second” dismissal, orders reinstatement

This analysis examines the contentious issue of double jeopardy in employment law, particularly when an employer seeks to impose further disciplinary action on the same set of facts.

20 Oct 2025 1 min read Employment Law Alert Article

At a glance

  • In the recent judgment of SAMWU obo Malatsi v South African Local Government Bargaining Council and Others (JA 64/23) [2025] ZALAC 40, the Labour Appeal Court addressed the question of whether the second dismissal of an employee, following an arbitration and reinstatement, was substantively fair in light of the double jeopardy principle and the binding effect of an earlier arbitration award.
  • This alert explores the contentious issue of double jeopardy in employment law, particularly when an employer seeks to impose further disciplinary action on the same set of facts.

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