Kock and Another v Department of Education Culture & Sport Province of the Eastern Cape and Others (P317/2000) [2001] ZALC 47; [2001] 7 BLLR 756 (LC) (30 March 2001)

Kock and Another v Department of Education Culture & Sport Province of the Eastern Cape and Others (P317/2000) [2001] ZALC 47; [2001] 7 BLLR 756 (LC) (30 March 2001)

The court found that the agreement entered into between the Department and certain respondents, which affected Mr Kock's employment status, was procedurally improper because Mr Kock was not afforded an opportunity to be heard before its conclusion. The principles of natural justice, specifically the audi alteram partem rule, require that any person whose rights or legitimate expectations are affected by an administrative decision must be given a fair hearing. The Department's failure to consult Mr Kock before altering his employment status constituted a breach of these principles. The agreement was therefore invalid and unenforceable insofar as it affected Mr Kock, and all consequential...

Citation
[2001] ZALC 47
Parties
Applicant: Nicholas Kock; Applicant: South African Democratic Teachers Union (SADTU); Respondent: Department of Education, Culture & Sport - Province of the Eastern Cape; Respondent: Mr N. Paulsen; Respondent: Ms D. Blignaut; Respondent: Commissioner WP Scheepers N.O.; Respondent: Independent Mediation Services of South Africa
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
30 March 2001
Case Number
P317/2000
Procedural Posture
Review Application / Judgment After Application for Review of Arbitration Agreement
Outcome
Application granted. The agreement affecting Mr Kock is declared invalid and unenforceable. All consequential decisions are null and void.
Judges
Nkabinde
Legal Topics
Redeployment of Educators, Audi Alteram Partem, Legitimate Expectation, Procedural Fairness, Natural Justice, Collective Agreements
Labour Law Administrative Law Redeployment of Educators Audi Alteram Partem Legitimate Expectation Procedural Fairness Natural Justice Collective Agreements

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 12 Party arguments 2
Sign in to unlock

Parties

Nicholas Kock

Applicant

South African Democratic Teachers Union (SADTU)

Applicant

Department of Education, Culture & Sport - Province of the Eastern Cape

Respondent

Mr N. Paulsen

Respondent

Ms D. Blignaut

Respondent

Commissioner WP Scheepers N.O.

Respondent

Independent Mediation Services of South Africa

Respondent

Procedural Posture

Review Application / Judgment After Application for Review of Arbitration Agreement

Legal Issues

  1. 1 Whether the agreement entered into between the Department and certain respondents, affecting Mr Kock, was invalid due to procedural impropriety.
  2. 2 Whether the failure to afford Mr Kock an opportunity to be heard before the agreement was concluded violated principles of natural justice.
  3. 3 Whether the decisions taken as a consequence of the agreement affecting Mr Kock should be declared null and void.

Ratio Decidendi

The court found that the agreement entered into between the Department and certain respondents, which affected Mr Kock's employment status, was procedurally improper because Mr Kock was not afforded an opportunity to be heard before its conclusion. The principles of natural justice, specifically the audi alteram partem rule, require that any person whose rights or legitimate expectations are affected by an administrative decision must be given a fair hearing. The Department's failure to consult Mr Kock before altering his employment status constituted a breach of these principles. The agreement was therefore invalid and unenforceable insofar as it affected Mr Kock, and all consequential...

Court Disposition

Application granted. The agreement affecting Mr Kock is declared invalid and unenforceable. All consequential decisions are null and void.

Orders

  • The agreement entered into between the Department and the second and third respondents on 9 September 1999 is declared invalid, unlawful, and unenforceable insofar as it affects the first applicant.
  • All decisions taken as a consequence of the agreement and affecting the first applicant are declared null and void; the original decisions declaring the first applicant not to be an educator in excess at Hillside Secondary School stand.