South African Democratic Teachers Union v Gauteng Department of Education (J916/2011) [2011] ZALCJHB 222 (21 June 2011)

South African Democratic Teachers Union v Gauteng Department of Education (J916/2011) [2011] ZALCJHB 222 (21 June 2011)

The court found that Mr Ndevu’s appointment to the post of District Director, Operations Management was for a fixed period, and the department was entitled to make a decision regarding his subsequent placement. Section 14 of the Public Service Act, relied upon by the applicants, was inapplicable to Mr Ndevu’s employment, as he was not part of the branches of service defined in the Act. The court determined that Mr Ndevu did not object to the transfer in his correspondence and that no case for demotion or adverse consequences was made out. The applicants failed to establish urgency or a clear right to relief, and an adequate alternative remedy was available through internal processes and...

Citation
[2011] ZALCJHB 222
Parties
Applicant: South African Democratic Teachers’ Union; Applicant: M W Ndevu; Respondent: Gauteng Department of Education; Respondent: D Macuacua
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
21 June 2011
Case Number
J916/2011
Procedural Posture
Urgent Application / Final Relief Sought on Urgent Basis
Outcome
Application struck off the roll for lack of urgency; costs awarded against the applicants.
Judges
Van Voore
Legal Topics
Transfer of Employees, Urgency, Right to Be Heard, Public Service Act Interpretation
Labour Law Civil Procedure Transfer of Employees Urgency Right to Be Heard Public Service Act Interpretation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

South African Democratic Teachers’ Union

Applicant

M W Ndevu

Applicant

Gauteng Department of Education

Respondent

D Macuacua

Respondent

Procedural Posture

Urgent Application / Final Relief Sought on Urgent Basis

Legal Issues

  1. 1 Whether the transfer of Mr Ndevu by the Gauteng Department of Education was lawful and subject to his consent.
  2. 2 Whether the applicants established urgency justifying final relief on an urgent basis.
  3. 3 Whether section 14 of the Public Service Act applies to Mr Ndevu’s employment situation.

Ratio Decidendi

The court found that Mr Ndevu’s appointment to the post of District Director, Operations Management was for a fixed period, and the department was entitled to make a decision regarding his subsequent placement. Section 14 of the Public Service Act, relied upon by the applicants, was inapplicable to Mr Ndevu’s employment, as he was not part of the branches of service defined in the Act. The court determined that Mr Ndevu did not object to the transfer in his correspondence and that no case for demotion or adverse consequences was made out. The applicants failed to establish urgency or a clear right to relief, and an adequate alternative remedy was available through internal processes and...

Court Disposition

Application struck off the roll for lack of urgency; costs awarded against the applicants.

Orders

  • The application is struck off the roll.
  • The applicants are ordered to pay the costs.