Jansen v Minister of Correctional Services of the Republic of South Africa (C627/2007) [2009] ZALC 91; (2010) 31 ILJ 650 (LC) (8 September 2009)

Jansen v Minister of Correctional Services of the Republic of South Africa (C627/2007) [2009] ZALC 91; (2010) 31 ILJ 650 (LC) (8 September 2009)

The court found that the applicant's dismissal was not automatically unfair under section 187(1)(f) of the Labour Relations Act. The most probable inference from the evidence was that the Department dismissed the applicant for appearing at a press conference in uniform and making critical statements about the Department, not for his association with MADAM or his views. The disciplinary charges, though poorly formulated, were consistently justified by the Department's witnesses as relating to misconduct rather than discrimination. The court also held that direct reliance on constitutional rights was not available where the Labour Relations Act provided remedies. The question of substantive...

Citation
[2009] ZALC 91
Parties
Applicant: John Joseph Jansen; Respondent: Minister of Correctional Services of the Republic of South Africa
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
8 September 2009
Case Number
C627/2007
Procedural Posture
Unfair Dismissal Application / Judgment After Trial
Outcome
The applicant's claim of automatically unfair dismissal and infringement of constitutional rights is dismissed. The matter is stayed and referred back to the General Public Service Sectoral Bargaining Council for arbitration.
Judges
Le Roux
Legal Topics
Automatically Unfair Dismissal, Freedom of Association, Freedom of Expression, Disciplinary Code, Condonation of Late Referral
Labour Law Automatically Unfair Dismissal Freedom of Association Freedom of Expression Disciplinary Code Condonation of Late Referral

Case Brief

Summary, issues, holding and outcome

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Parties

John Joseph Jansen

Applicant

Minister of Correctional Services of the Republic of South Africa

Respondent

Procedural Posture

Unfair Dismissal Application / Judgment After Trial

Legal Issues

  1. 1 Was the applicant's dismissal automatically unfair in terms of section 187(1)(f) of the Labour Relations Act?
  2. 2 Did the dismissal infringe the applicant's constitutional rights to freedom of association, freedom of expression, and cultural organisation?
  3. 3 Was the applicant's dismissal substantively and procedurally unfair under the Labour Relations Act?

Ratio Decidendi

The court found that the applicant's dismissal was not automatically unfair under section 187(1)(f) of the Labour Relations Act. The most probable inference from the evidence was that the Department dismissed the applicant for appearing at a press conference in uniform and making critical statements about the Department, not for his association with MADAM or his views. The disciplinary charges, though poorly formulated, were consistently justified by the Department's witnesses as relating to misconduct rather than discrimination. The court also held that direct reliance on constitutional rights was not available where the Labour Relations Act provided remedies. The question of substantive...

Court Disposition

The applicant's claim of automatically unfair dismissal and infringement of constitutional rights is dismissed. The matter is stayed and referred back to the General Public Service Sectoral Bargaining Council for arbitration.

Orders

  • The dismissal of the applicant is not automatically unfair.
  • The applicant's constitutional rights claim is dismissed.