NEHAWU obo Mokhokoana and Others v Pan South African Language Board and Another (J2981/14) [2018] ZALCJHB 237 (13 June 2018)

NEHAWU obo Mokhokoana and Others v Pan South African Language Board and Another (J2981/14) [2018] ZALCJHB 237 (13 June 2018)

The applicant's claim conflates administrative law and unfair dismissal. The Labour Court's jurisdiction does not extend to reviewing the Minister's appointment of Zwane, as it was not an employment-related decision by the state as employer. The applicant failed to establish the necessary jurisdictional...

Source-derived case information.

Citation
[2018] ZALCJHB 237
Parties
Applicant: NEHAWU obo Richard Mokhokoana & Others; Respondent: Pan South African Language Board; Respondent: Minister of Arts and Culture
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
13 June 2018
Case Number
J2981/14
Procedural Posture
Declaratory Application / Judgment
Outcome
Application dismissed with costs.
Judges
Van Niekerk
Legal Topics
Jurisdiction of Labour Court, Oudekraal Principle, Authority of Caretaker Ceo, Validity of Employment Contracts, Unlawful Administrative Act
Labour Law Administrative Law Jurisdiction of Labour Court Oudekraal Principle Authority of Caretaker Ceo Validity of Employment Contracts Unlawful Administrative Act

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Parties

NEHAWU obo Richard Mokhokoana & Others

Applicant

Pan South African Language Board

Respondent

Minister of Arts and Culture

Respondent

Procedural Posture

Declaratory Application / Judgment

Legal Issues

  1. 1 Whether the employment contracts entered into by Zwane on behalf of the respondent remain valid and enforceable until Zwane's appointment is set aside by a court.
  2. 2 Whether the respondent was entitled to terminate the employment contracts without first setting aside Zwane's appointment.
  3. 3 Whether the Labour Court has jurisdiction to determine the validity of the employment contracts and the administrative act of appointing Zwane.

Ratio Decidendi

The applicant's claim conflates administrative law and unfair dismissal. The Labour Court's jurisdiction does not extend to reviewing the Minister's appointment of Zwane, as it was not an employment-related decision by the state as employer. The applicant failed to establish the necessary jurisdictional prerequisites for an unfair dismissal claim and did not plead a contractual cause of action under s77(3) of the Basic Conditions of Employment Act. The case rests solely on the assertion that the contracts remain valid until Zwane's appointment is set aside, but no supporting averments regarding Zwane's authority or breach of contract were made. Accordingly, the application is dismissed.

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed, with costs.