Mhlongo v South African Revenue Service (J1915/09) [2015] ZALCJHB 313 (11 September 2015)

Mhlongo v South African Revenue Service (J1915/09) [2015] ZALCJHB 313 (11 September 2015)

The court found that the respondent's disciplinary code and procedures, as contained in a collective agreement, were not incorporated into the applicant's contract of employment, either expressly or tacitly. The applicant failed to plead or prove any contractual basis for her alleged right to a hearing prior to suspension or dismissal. The real dispute related to the fairness of her suspension and dismissal, which is a statutory right under the Labour Relations Act and not a contractual right. As such, the Labour Court lacked jurisdiction to adjudicate the matter as pleaded, and the proper remedy lay in the statutory unfair dismissal procedures. The applications for referral to oral...

Citation
[2015] ZALCJHB 313
Parties
Applicant: Charlotte Connie Mhlongo; Respondent: South African Revenue Service
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
11 September 2015
Case Number
J1915/09
Procedural Posture
Review Application / Final Judgment After Interlocutory Applications for Oral Evidence and Postponement Were Dismissed
Outcome
Application dismissed.
Judges
L M Malan
Legal Topics
Contractual Rights in Employment, Disciplinary Code Incorporation, Jurisdiction of Labour Court, Unfair Dismissal, Collective Agreements, Postponement Principles
Labour Law Civil Procedure Contractual Rights in Employment Disciplinary Code Incorporation Jurisdiction of Labour Court Unfair Dismissal Collective Agreements Postponement Principles

Case Brief

Summary, issues, holding and outcome

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Parties

Charlotte Connie Mhlongo

Applicant

South African Revenue Service

Respondent

Procedural Posture

Review Application / Final Judgment After Interlocutory Applications for Oral Evidence and Postponement Were Dismissed

Legal Issues

  1. 1 Whether the respondent's disciplinary code and procedures formed part of the applicant's contract of employment.
  2. 2 Whether the respondent breached any contractual obligation by suspending and dismissing the applicant without a hearing.
  3. 3 Whether the Labour Court had jurisdiction to adjudicate the dispute as pleaded.

Ratio Decidendi

The court found that the respondent's disciplinary code and procedures, as contained in a collective agreement, were not incorporated into the applicant's contract of employment, either expressly or tacitly. The applicant failed to plead or prove any contractual basis for her alleged right to a hearing prior to suspension or dismissal. The real dispute related to the fairness of her suspension and dismissal, which is a statutory right under the Labour Relations Act and not a contractual right. As such, the Labour Court lacked jurisdiction to adjudicate the matter as pleaded, and the proper remedy lay in the statutory unfair dismissal procedures. The applications for referral to oral...

Court Disposition

Application dismissed.

Orders

  • The application is dismissed.
  • There is no order as to costs.