Gxolo v Harmony Gold Mine (Pty) Ltd and Another (J1124/2017) [2018] ZALCJHB 155; [2018] 8 BLLR 794 (LC) (19 April 2018)

Gxolo v Harmony Gold Mine (Pty) Ltd and Another (J1124/2017) [2018] ZALCJHB 155; [2018] 8 BLLR 794 (LC) (19 April 2018)

The court found that the applicant failed to provide legal authority for applying administrative law principles to his dismissal in the private sector. The cases relied upon by the applicant concerned public sector employment, where administrative law rights were directly implicated. In the absence of any breach of the employment contract or applicable administrative law principles, the applicant's argument for invalidity was rejected. The court was satisfied that no other court would likely reach a different conclusion.

Citation
[2018] ZALCJHB 155
Parties
Applicant: Jones Bonakele Gxolo; Respondent: Harmony Gold Mine (Pty) Ltd; Respondent: Commission for Conciliation, Mediation and Arbitration
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
19 April 2018
Case Number
J1124/2017
Procedural Posture
Leave to Appeal / Application for Leave to Appeal After Dismissal of Original Application
Outcome
Application for leave to appeal dismissed.
Judges
Lagrange
Legal Topics
Unlawful Dismissal, Administrative Action, Charge Sheet Validity, Public Vs Private Employment
Labour Law Unlawful Dismissal Administrative Action Charge Sheet Validity Public Vs Private Employment

Case Brief

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Parties

Jones Bonakele Gxolo

Applicant

Harmony Gold Mine (Pty) Ltd

Respondent

Commission for Conciliation, Mediation and Arbitration

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal After Dismissal of Original Application

Legal Issues

  1. 1 Whether the applicant's dismissal was unlawful and void ab initio due to an invalid charge sheet.
  2. 2 Whether principles of administrative law applicable to public sector dismissals extend to private sector employment.
  3. 3 Whether the applicant's failure to serve the application for leave to appeal on the respondent was justified.

Ratio Decidendi

The court found that the applicant failed to provide legal authority for applying administrative law principles to his dismissal in the private sector. The cases relied upon by the applicant concerned public sector employment, where administrative law rights were directly implicated. In the absence of any breach of the employment contract or applicable administrative law principles, the applicant's argument for invalidity was rejected. The court was satisfied that no other court would likely reach a different conclusion.

Court Disposition

Application for leave to appeal dismissed.

Orders

  • The application for leave to appeal is dismissed.
  • No order as to costs.