Lukhuleni v National Public Service Workers Union (NPSWU) (JS 986/20) [2022] ZALCJHB 355 (14 December 2022)

Lukhuleni v National Public Service Workers Union (NPSWU) (JS 986/20) [2022] ZALCJHB 355 (14 December 2022)

The court found that there was no evidence of an unlawful instruction or expectation for Mr. Lukhuleni to attend to a union member physically without a permit during the national lockdown. The evidence showed that any expectation to assist members was not specific to physical attendance and that Mr. Lukhuleni was not instructed by his superiors to travel without a permit. His actions were based on his own interpretation and not on any directive from NPSWU. The court held that the dismissal was for misconduct, not for refusal to comply with an unlawful instruction, and therefore did not constitute an automatically unfair dismissal under section 187(1) read with section 5(2)(c)(iv) of the...

Citation
[2022] ZALCJHB 355
Parties
Applicant: Walter Lukhuleni; Respondent: National Public Service Workers Union (NPSWU)
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
14 December 2022
Case Number
JS 986/20
Procedural Posture
Trial Judgment / Judgment After Hearing
Outcome
Application for absolution in respect of Mr. Lukhuleni’s claim of automatically unfair dismissal is granted.
Judges
Mahosi
Legal Topics
Automatically Unfair Dismissal, Disciplinary Procedure, Section 187 Lra, Section 5 Lra, Absolution From Instance
Labour Law Automatically Unfair Dismissal Disciplinary Procedure Section 187 Lra Section 5 Lra Absolution From Instance

Case Brief

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Parties

Walter Lukhuleni

Applicant

National Public Service Workers Union (NPSWU)

Respondent

Procedural Posture

Trial Judgment / Judgment After Hearing

Legal Issues

  1. 1 Whether the dismissal of Mr. Lukhuleni was automatically unfair in terms of section 187(1) read with section 5(2)(c)(iv) of the Labour Relations Act.
  2. 2 Whether there was an unlawful instruction or expectation for Mr. Lukhuleni to attend to a union member physically without a permit during lockdown.
  3. 3 Whether the dismissal was for misconduct or for refusal to comply with an unlawful instruction.

Ratio Decidendi

The court found that there was no evidence of an unlawful instruction or expectation for Mr. Lukhuleni to attend to a union member physically without a permit during the national lockdown. The evidence showed that any expectation to assist members was not specific to physical attendance and that Mr. Lukhuleni was not instructed by his superiors to travel without a permit. His actions were based on his own interpretation and not on any directive from NPSWU. The court held that the dismissal was for misconduct, not for refusal to comply with an unlawful instruction, and therefore did not constitute an automatically unfair dismissal under section 187(1) read with section 5(2)(c)(iv) of the...

Court Disposition

Application for absolution in respect of Mr. Lukhuleni’s claim of automatically unfair dismissal is granted.

Orders

  • The application for absolution in respect of Mr. Lukhuleni’s claim of automatically unfair dismissal is granted.
  • There is no order as to costs.