Long v South African Breweries (Pty) Ltd and Others; Long v South African Breweries (Pty) Ltd and Others (CCT61/18) [2019] ZACC 7; (2019) 40 ILJ 965 (CC); 2019 (5) BCLR 609 (CC) ; [2019] 6 BLLR 515 (CC) (19 February 2019)

Long v South African Breweries (Pty) Ltd and Others; Long v South African Breweries (Pty) Ltd and Others (CCT61/18) [2019] ZACC 7; (2019) 40 ILJ 965 (CC); 2019 (5) BCLR 609 (CC) ; [2019] 6 BLLR 515 (CC) (19 February 2019)

The Constitutional Court held that precautionary suspension does not require a pre-suspension hearing, provided the suspension is not punitive and is linked to a pending investigation. The Labour Court's finding that the suspension was precautionary and did not materially prejudice the applicant was upheld. The Court found no reasonable prospects of success on the merits and refused leave to appeal on those grounds. Regarding costs, the Court held that the Labour Court erred by applying the general rule that costs follow the result without considering fairness or the conduct of the parties, as required by section 162 of the LRA and established case law. The adverse costs order was set...

Citation
[2019] ZACC 7
Parties
Applicant: Allan Long; Respondent: South African Breweries (Pty) Limited; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: M Malusi Mbuli N.O.; Respondent: Dumisani Sonamzi N.O.
Court
Constitutional Court
Jurisdiction
South Africa
Judgment Date
19 February 2019
Case Number
CCT61/18
Procedural Posture
Leave to Appeal / Application for Leave to Appeal and Appeal Against Costs Order From Labour Court
Outcome
Application for condonation granted; leave to appeal on the merits refused; leave to appeal against costs order granted; appeal against costs order upheld; costs order set aside; no order as to costs in either court.
Judges
Mogoeng, Basson, Cameron, Dlodlo, Froneman, Goliath, Khampepe, Mhlantla, Petse, Theron
Legal Topics
Precautionary Suspension, Fair Labour Practice, Costs in Labour Matters, Disciplinary Procedure, Judicial Discretion on Costs
Labour Law Civil Procedure Precautionary Suspension Fair Labour Practice Costs in Labour Matters Disciplinary Procedure Judicial Discretion on Costs

Case Brief

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Parties

Allan Long

Applicant

South African Breweries (Pty) Limited

Respondent

Commission for Conciliation, Mediation and Arbitration

Respondent

M Malusi Mbuli N.O.

Respondent

Dumisani Sonamzi N.O.

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal and Appeal Against Costs Order From Labour Court

Legal Issues

  1. 1 Is an employee entitled to a hearing prior to precautionary suspension?
  2. 2 Did the Labour Court err in substituting the arbitrator's award rather than remitting the matter?
  3. 3 Was the adverse costs order by the Labour Court justified in law and fairness?

Ratio Decidendi

The Constitutional Court held that precautionary suspension does not require a pre-suspension hearing, provided the suspension is not punitive and is linked to a pending investigation. The Labour Court's finding that the suspension was precautionary and did not materially prejudice the applicant was upheld. The Court found no reasonable prospects of success on the merits and refused leave to appeal on those grounds. Regarding costs, the Court held that the Labour Court erred by applying the general rule that costs follow the result without considering fairness or the conduct of the parties, as required by section 162 of the LRA and established case law. The adverse costs order was set...

Court Disposition

Application for condonation granted; leave to appeal on the merits refused; leave to appeal against costs order granted; appeal against costs order upheld; costs order set aside; no order as to costs in either court.

Orders

  • The application for condonation is granted.
  • Leave to appeal on the merits is refused.