South Africa Case Law

Gololo v Limpopo Department Economic Development Environment and Tourism and Others (JA80/2024)

Gololo v Limpopo Department Economic Development Environment and Tourism and Others (JA80/2024) [2025] ZALAC 30; (2025) 46 ILJ 1895 (LAC) (9 May 2025)

Court

Labour Appeal Court

Case number

JA80/2024

Judges

Savage, Tokota, Mahalelo

The Labour Appeal Court held that a Labour Court file was not automatically withdrawn under the Practice Manual because the Registrar had not archived it and no notice was given.

• Practice Manual Archival
• Condonation
• Automatic Dismissal
• Jurisdiction
• Labour Court Rules
• Labour-court-practice-manual

Masinga and Others v Chief of the South African National Defence Force and Another (27234/19)

Masinga and Others v Chief of the South African National Defence Force and Another (27234/19) [2019] ZAGPPHC 312 (19 July 2019)

Court

North Gauteng High Court, Pretoria

Case number

27234/19

Judge

AC Basson

The High Court reviewed and set aside the SANDF’s termination of 35 members’ service, finding section 59(3) was applied before 30 days had elapsed and without a board of enquiry.

• Promotion Of Administrative Justice Act
• Unlawful Termination
• Automatic Dismissal
• Board Of Enquiry
• Military Discipline
• Administrative-law

W v Fidelity (Pty) Ltd (D119/06)

W v Fidelity (Pty) Ltd (D119/06) [2007] ZALCD 2 (27 September 2007)

Court

Labour Court Durban

Case number

D119/06

Judge

Pillay D

The Labour Court held that the employee’s service ended on the agreed retirement age of 60, not by dismissal, and dismissed her discrimination claim with costs.

• Retirement Age
• Automatic Dismissal
• Employment Contract Variation
• Discrimination Claim
• Section 197 Transfer
• Employment Equity

Public Servants Association of South Africa and Another v Premier of Gauteng and Others (J 3121/98)

Public Servants Association of South Africa and Another v Premier of Gauteng and Others (J 3121/98) [1999] ZALC 32 (8 March 1999)

Court

Labour Court

Case number

J 3121/98

Judge

E Revelas

The Labour Court held there was no reviewable dismissal decision because the employee’s service ended by operation of law under the Public Service Act.

• Automatic Dismissal
• Public Service Act
• Review Of Administrative Action
• Jurisdiction Of Labour Court
• Conciliation And Arbitration
• Automatic-dismissal

Minister van Onderwys en Kultuur en Andere v Louw (241/93)

Minister van Onderwys en Kultuur en Andere v Louw (241/93) [1994] ZASCA 160; 1995 (4) SA 383 (AD); [1995] 2 All SA 1 (A) (18 November 1994)

Court

Supreme Court of Appeal

Case number

241/93

Judges

Van Heerden, Botha, Vivier, Eksteen, Howie

The Supreme Court of Appeal held that the respondent's employment was terminated automatically by operation of law under section 72(1) of the Education Affairs Act due to his absence without permission for more than 30 consecutive days. The court found that no administrative decision was made that could be set aside, and the audi alteram partem rule did not apply to the automatic statutory consequence. The respondent did not request reinstatement under section 72(2), and there was no evidence that the Minister or governing body refused to exercise their discretion to reinstate him. Accordingl…

Source excerpt

• Automatic Dismissal
• Audi Alteram Partem
• Public Service Employment
• Statutory Interpretation