PSA obo Lessing v Safety and Security Services Bargaining Council and Others (JR 2934/11) [2014] ZALCJHB 8; (2014) 35 ILJ 2260 (LC) (8 January 2014)

PSA obo Lessing v Safety and Security Services Bargaining Council and Others (JR 2934/11) [2014] ZALCJHB 8; (2014) 35 ILJ 2260 (LC) (8 January 2014)

The court held that the termination of the applicant's employment was effected by operation of law in terms of the South African Police Services Disciplinary Regulations, specifically regulation 18. The chairperson's decision to invoke the statutory discharge provision was not challenged or set aside on review, and thus remains valid and enforceable. As a result, the bargaining council lacked jurisdiction to entertain the alleged unfair dismissal dispute, since the termination did not constitute a dismissal under section 186(1) of the Labour Relations Act. The appropriate remedy for the applicant, if any, would be to challenge the administrative act of discharge by way of review in the...

Citation
[2014] ZALCJHB 8
Parties
Applicant: PSA obo Lessing; Respondent: Safety and Security Services Bargaining Council; Respondent: South African Police Services; Respondent: E. Maree
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
8 January 2014
Case Number
JR 2934/11
Procedural Posture
Review Application / Judgment on Review of Jurisdictional Ruling
Outcome
Application dismissed. The bargaining council does not have jurisdiction to entertain the dispute. No order as to costs.
Judges
Molahlehi
Legal Topics
Jurisdiction of Bargaining Council, Statutory Termination, Unfair Dismissal, Disciplinary Regulations, Review of Administrative Action
Labour Law Jurisdiction of Bargaining Council Statutory Termination Unfair Dismissal Disciplinary Regulations Review of Administrative Action

Case Brief

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Parties

PSA obo Lessing

Applicant

Safety and Security Services Bargaining Council

Respondent

South African Police Services

Respondent

E. Maree

Respondent

Procedural Posture

Review Application / Judgment on Review of Jurisdictional Ruling

Legal Issues

  1. 1 Whether the bargaining council had jurisdiction to entertain the alleged unfair dismissal dispute.
  2. 2 Whether the termination of the employment contract was by operation of law or constituted a dismissal under section 186(1) of the Labour Relations Act.
  3. 3 Whether the chairperson's decision to invoke the deeming provision of the disciplinary regulations was lawful and valid until set aside.

Ratio Decidendi

The court held that the termination of the applicant's employment was effected by operation of law in terms of the South African Police Services Disciplinary Regulations, specifically regulation 18. The chairperson's decision to invoke the statutory discharge provision was not challenged or set aside on review, and thus remains valid and enforceable. As a result, the bargaining council lacked jurisdiction to entertain the alleged unfair dismissal dispute, since the termination did not constitute a dismissal under section 186(1) of the Labour Relations Act. The appropriate remedy for the applicant, if any, would be to challenge the administrative act of discharge by way of review in the...

Court Disposition

Application dismissed. The bargaining council does not have jurisdiction to entertain the dispute. No order as to costs.

Orders

  • The late filing of the second respondent’s answering affidavit is condoned.
  • The first respondent does not have jurisdiction to entertain the dispute of the applicants.