Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.
Results update automatically as you type.
South Africa decisions
Decisions matching the current search
NUMSA obo Mbali v Road Accident Fund and Another (J848/24) [2024] ZALCJHB 541 (30 August 2024)
The Labour Court interdicted an internal disciplinary hearing, finding a prima facie protected disclosure and ordering a section 188A(11) inquiry instead.
Nkwe v SA Taxi and Another (J 278/22) [2022] ZALCJHB 191 (21 July 2022)
The Labour Court ordered the applicant to pay costs after dismissing an urgent interdict against a disciplinary enquiry, and referred an attorney’s conduct to the LPC.
Masete v Transnet Bargaining Council and Others (J 554/2021) [2021] ZALCJHB 153 (16 July 2021)
The Labour Court struck an urgent application from the roll, holding that the applicant’s bid to stay disciplinary proceedings was self-created urgency.
South African Municipal Workers Union (SAMWU) and Another v Ekurhuleni Metropolitan Municipality and Another (J1827/19) [2019] ZALCJHB 266 (5 September 2019)
The court found that the chairperson's rulings in the disciplinary hearing did not constitute the exercise of public power and were not subject to legality review. The disciplinary hearing was a private matter governed by a collective agreement between the parties. The applicants failed to establish a prima facie right to the interim relief sought, as the right to procedural fairness was adequately protected by the LRA and could be exercised after the disciplinary process. The balance of convenience favoured the respondents, as delaying the disciplinary hearing would prejudice the employer an…
Source excerpt
Mokoroane v Department of Justice Correctional Services (J2421/17) [2017] ZALCJHB 379 (17 October 2017)
The Labour Court dismissed an urgent application challenging a suspension and disciplinary process, finding no urgency and pointing to alternative remedies.
Lesiba v Regional Head: Department of Justice and Constitutional Development (Mpumalanga Province) and Another (J2262/17) [2017] ZALCJHB 365 (4 October 2017)
The Labour Court refused to intervene in the applicant's incomplete internal disciplinary hearing, holding that such intervention is reserved for the most exceptional circumstances. The applicant failed to demonstrate any exceptional basis for urgent intervention, and the jurisdiction to address procedural or substantive issues in workplace discipline resides with an arbitrator under the Labour Relations Act. The court found that s 16B(4) of the Public Service Act does not apply to transfers between regional offices within a national department, and the disciplinary process was properly insti…
Source excerpt
South Africa Police Union and Another v South African Police Service and Others (J2870/16) [2016] ZALCJHB 507 (15 December 2016)
The Labour Court found that the applicants' challenge was based on alleged unlawfulness, not unfairness, and concerned the breach of a collective agreement rather than its interpretation or application. The Court held that it had jurisdiction under section 158(1)(h) of the LRA to review the lawfulness of the disciplinary proceedings. The applicants established a prima facie right to interim relief, as proceeding with the disciplinary hearing before the legality review could result in irreparable harm. The balance of convenience favoured the applicants, and no adequate alternative remedy was a…
Source excerpt
Booysen v Minister of Safety and Security and Others (CA 09/08) [2010] ZALAC 21; [2011] 1 BLLR 83 (LAC) ; (2011) 32 ILJ 112 (LAC) (1 October 2010)
The Labour Appeal Court held that the Labour Court may grant urgent relief in exceptional cases to stop or postpone pending disciplinary hearings.
Explore more
