Nkadibeng and Another v Director General: Department of Trade and Industry (92073/15) [2020] ZAGPPHC 146 (5 May 2020)

Nkadibeng and Another v Director General: Department of Trade and Industry (92073/15) [2020] ZAGPPHC 146 (5 May 2020)

The court found that the applicants' claim arose from their employment contracts and disciplinary codes, and not from rights entrenched in Chapter 2 of the Constitution. The applicants sought to review the disciplinary chairperson's decision to dismiss them, arguing unlawfulness due to the violation of a prior court order. However, the court held that such matters fall within the exclusive jurisdiction of the Labour Court under section 158(1)(h) of the Labour Relations Act. The High Court's concurrent jurisdiction under section 157(2) of the LRA is only engaged where constitutional rights are implicated, which was not established by the applicants. The remedies for unfair or unlawful...

Citation
[2020] ZAGPPHC 146
Parties
Applicant: Mantladi Bethuel Nkadibeng; Applicant: Mpe Gugulethu Sako; Respondent: Director General: Department of Trade and Industry; Respondent: Chairperson, Disciplinary Enquiry, Department of Trade and Industry
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
5 May 2020
Case Number
92073/15
Procedural Posture
Review Application / Judgment
Outcome
Application dismissed with costs.
Judges
Sardiwalla
Legal Topics
Jurisdiction of High Court, Unlawful Dismissal, Disciplinary Proceedings, Audi Alteram Partem, Concurrent Jurisdiction, Section 157 Lra
Labour Law Civil Procedure Jurisdiction of High Court Unlawful Dismissal Disciplinary Proceedings Audi Alteram Partem Concurrent Jurisdiction Section 157 Lra

Case Brief

Summary, issues, holding and outcome

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Parties

Mantladi Bethuel Nkadibeng

Applicant

Mpe Gugulethu Sako

Applicant

Director General: Department of Trade and Industry

Respondent

Chairperson, Disciplinary Enquiry, Department of Trade and Industry

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the High Court has jurisdiction to review and set aside the decision of the disciplinary chairperson to dismiss the applicants.
  2. 2 Whether the applicants' dismissal was unlawful due to the violation of a prior court order permitting legal representation at the disciplinary hearing.
  3. 3 Whether the applicants' claim falls under the exclusive jurisdiction of the Labour Court as provided by the Labour Relations Act.

Ratio Decidendi

The court found that the applicants' claim arose from their employment contracts and disciplinary codes, and not from rights entrenched in Chapter 2 of the Constitution. The applicants sought to review the disciplinary chairperson's decision to dismiss them, arguing unlawfulness due to the violation of a prior court order. However, the court held that such matters fall within the exclusive jurisdiction of the Labour Court under section 158(1)(h) of the Labour Relations Act. The High Court's concurrent jurisdiction under section 157(2) of the LRA is only engaged where constitutional rights are implicated, which was not established by the applicants. The remedies for unfair or unlawful...

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed with costs.