Lugebu v Walter Sisulu University (1589/2013) [2015] ZAECMHC 3 (29 January 2015)

Lugebu v Walter Sisulu University (1589/2013) [2015] ZAECMHC 3 (29 January 2015)

The court found that the applicant had been dismissed following a disciplinary hearing and that he was aware of the dismissal, even though he refused to accept the dismissal letter. The applicant failed to demonstrate that he had properly invoked any internal appeal or dispute resolution process that would suspend the effect of his dismissal. The court held that, in terms of established legal principles, an employee's right to remuneration ceases upon dismissal unless the dismissal is set aside or suspended by a court order. The applicant did not make out a case for the relief sought, as he was no longer an employee of the first respondent at the relevant time and had not shown that his...

Citation
[2015] ZAECMHC 3
Parties
Applicant: Gamalakhe Gladstone Lugebu; Respondent: Walter Sisulu University; Respondent: Z. B. Mkovane; Respondent: The Administrator, Walter Sisulu University (Prof Van Staden)
Court
Eastern Cape High Court, Mthatha
Jurisdiction
South Africa
Judgment Date
29 January 2015
Case Number
1589/2013
Procedural Posture
Urgent Application / Final Determination of Rule Nisi
Outcome
Application dismissed with costs, including reserved costs and costs of two counsel where employed.
Judges
N G Beshe
Legal Topics
Unlawful Dismissal, Remuneration Pending Disciplinary, Disciplinary Procedure, Appeal Rights, Costs Order
Labour Law Civil Procedure Unlawful Dismissal Remuneration Pending Disciplinary Disciplinary Procedure Appeal Rights Costs Order

Case Brief

Summary, issues, holding and outcome

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Parties

Gamalakhe Gladstone Lugebu

Applicant

Walter Sisulu University

Respondent

Z. B. Mkovane

Respondent

The Administrator, Walter Sisulu University (Prof Van Staden)

Respondent

Procedural Posture

Urgent Application / Final Determination of Rule Nisi

Legal Issues

  1. 1 Whether the applicant is entitled to payment of salary and benefits after dismissal pending exhaustion of disciplinary processes.
  2. 2 Whether the disciplinary proceedings and dismissal were procedurally and substantively fair.
  3. 3 Whether the applicant has made out a case for the relief sought.

Ratio Decidendi

The court found that the applicant had been dismissed following a disciplinary hearing and that he was aware of the dismissal, even though he refused to accept the dismissal letter. The applicant failed to demonstrate that he had properly invoked any internal appeal or dispute resolution process that would suspend the effect of his dismissal. The court held that, in terms of established legal principles, an employee's right to remuneration ceases upon dismissal unless the dismissal is set aside or suspended by a court order. The applicant did not make out a case for the relief sought, as he was no longer an employee of the first respondent at the relevant time and had not shown that his...

Court Disposition

Application dismissed with costs, including reserved costs and costs of two counsel where employed.

Orders

  • The application is dismissed with costs.
  • Costs to include reserved costs of 20 and 27 February respectively.