South Africa Case Law

Mapyane v South African Police Service and Others (JR 1948/19)

Mapyane v South African Police Service and Others (JR 1948/19) [2023] ZALCJHB 344; (2024) 45 ILJ 564 (LC) (24 November 2023)

Court

Labour Court Johannesburg

Case number

JR1948/19

Judge

Nkutha-Nkontwana

The court found that the delay of approximately three and a half years in instituting disciplinary proceedings against the applicant was excessive and unexplained, violating the mandatory requirement for prompt action under the South African Police Service Discipline Regulations. This delay tainted the procedural fairness of the dismissal. However, the applicant failed to prove that the employer had unequivocally waived its right to discipline him, as he was aware of ongoing investigations and participated in the disciplinary process. The arbitrator's findings on substantive fairness regardin…

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• Unfair Dismissal
• Disciplinary Delay
• Procedural Fairness
• Waiver Of Right To Discipline
• Compensation For Unfair Dismissal

Mahlase v Transnet Bargaining Council and Others (JR475/14)

Mahlase v Transnet Bargaining Council and Others (JR475/14) [2016] ZALCJHB 313 (19 August 2016)

Court

Labour Court Johannesburg

Case number

JR 475/14

Judge

Morgan

The Labour Court dismissed a review of a pre-dismissal arbitration award, finding no unfair delay and no reviewable irregularity in the dismissal of a senior Transnet employee.

• Review Of Arbitration Award
• Disciplinary Delay
• Senior Employee Misconduct
• Procurement Policy Compliance
• Review-of-arbitration-award
• Disciplinary-delay

Stokwe v Member of the Executive Council: Department of Education, Eastern Cape and Others (PR235/14)

Stokwe v Member of the Executive Council: Department of Education, Eastern Cape and Others (PR235/14) [2016] ZALCPE 8 (19 February 2016)

Court

Labour Court Port Elizabeth

Case number

PR235/14

Judge

Lallie

The court found that the arbitrator did not misconceive the nature of the enquiry and properly considered the evidence before him. The applicant misused her position to promote her husband's interests by awarding a scholar transport contract to his business, in breach of the relevant policy. Although the arbitrator erred in finding that the policy required the applicant to obtain the Head of Department's permission, this error did not render the award unreasonable. The applicant's arguments regarding estoppel and delay were rejected, as no legal basis was established for estoppel and the dela…

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• Unfair Dismissal
• Misconduct
• Review Of Arbitration Award
• Employment Of Educators Act
• Estoppel
• Disciplinary Delay

Zuma v Pillay NO and Others (D79/12)

Zuma v Pillay NO and Others (D79/12) [2014] ZALCD 46 (19 September 2014)

Court

Labour Court Durban

Case number

D79/12

Judge

Hobden

The Labour Court reviewed an arbitration award upholding a dismissal, finding the commissioner’s conclusions were not rationally linked to the evidence.

• Review Of Arbitration Award
• Disciplinary Delay
• Substantive Fairness
• Procedural Fairness
• Mismanagement
• Reinstatement

Gwala v Commission for Conciliation Mediation and Arbitration and Others (D 296/11)

Gwala v Commission for Conciliation Mediation and Arbitration and Others (D 296/11) [2013] ZALCD 11 (14 May 2013)

Court

Labour Court Durban

Case number

D296/11

Judge

Chetty

The Labour Court found that the delay in finalising the disciplinary enquiry did not amount to procedural unfairness, as the applicant was on paid suspension and failed to demonstrate any actual prejudice, financial or otherwise. The commissioner’s credibility findings were reasonable, as the employer’s witness was consistent and uncontradicted, while the applicant and his witness were evasive and self-interested. The commissioner properly applied the principles for resolving factual disputes and made a rational decision based on the evidence. The review application was dismissed as the commi…

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• Procedural Fairness
• Disciplinary Delay
• Gross Insubordination
• Credibility Assessment
• Arbitration Review

Khosa and Another v South African Police Services and Others (JR1249/07)

Khosa and Another v South African Police Services and Others (JR1249/07) [2011] ZALCJHB 23 (2 February 2011)

Court

Labour Court Johannesburg

Case number

JR1249/07

Judge

Molahlehi

The court found that the arbitrator had a full understanding of the issues and facts, properly considered the evidence, and reasonably concluded that the dismissal of the applicants was for a fair reason. The applicants failed to demonstrate any gross irregularity or procedural unfairness in the arbitration process. The delay in disciplinary proceedings was justified and did not prejudice the applicants. The identification of the applicants by the victims and the taxi driver was credible and not disputed. The absence of a formal identification parade and the complainant's testimony did not re…

Source excerpt

• Unfair Dismissal
• Review Of Arbitration Award
• Identification Evidence
• Procedural Fairness
• Gross Irregularity
• Disciplinary Delay