South Africa Case Law

Nongogo v Khoza and Others (J1550/2023)

Nongogo v Khoza and Others (J1550/2023) [2024] ZALCJHB 13 (8 January 2024)

Court

Labour Court Johannesburg

Case number

J1550/2023

Judge

M B Mahalelo

The court found that the applicant was not contractually entitled to a disciplinary hearing before summary dismissal. The Disciplinary Code and contract, when read together, do not make a disciplinary hearing compulsory for the CEO. The procedures in the Disciplinary Code are not designed for the CEO, who has no line manager and cannot be investigated or represented as stipulated for other employees. The Board alone holds the power to appoint and dismiss the CEO. Even if the Disciplinary Code applied, its language is discretionary, not mandatory. The applicant failed to establish a contractua…

Source excerpt

• Summary Dismissal
• Contractual Interpretation
• Disciplinary Hearing Rights
• Specific Performance
• Urgent Relief
• Strike Out Application

Makatse v National Lotteries Commission (1406/18)

Makatse v National Lotteries Commission (1406/18) [2021] ZAECELLC 12 (15 April 2021)

Court

Eastern Cape High Court, East London Local Court

Case number

1406/18

Judge

Stretch

The court found that the plaintiff committed multiple acts of serious misconduct, including unauthorised media disclosures, failure to disclose a conflict of interest, and abuse of employer resources, all in breach of the employment contract and relevant policies. The defendant provided the plaintiff with disciplinary platforms, but he chose to ventilate his grievances through the media, despite written warnings and pending disciplinary proceedings. The contract was subject to the Basic Conditions of Employment Act, which allows for summary dismissal in appropriate circumstances. The court he…

Source excerpt

• Summary Dismissal
• Breach Of Employment Contract
• Disciplinary Hearing Rights
• Causation In Damages
• Conflict Of Interest
• Disclosure Of Confidential Information

Pule and Others v Mvelatrans (Pty) Ltd t/a Bojanala Bus Services (JS 535/2010)

Pule and Others v Mvelatrans (Pty) Ltd t/a Bojanala Bus Services (JS 535/2010) [2013] ZALCJHB 84 (23 May 2013)

Court

Labour Court Johannesburg

Case number

JS 535/2010

Judge

Molahlehi

Labour Court held that dismissals for failure to obey an ultimatum after an unprotected strike were substantively unfair, ordering reinstatement.

• Unfair Dismissal
• Unprotected Strike
• Ultimatum Notice Period
• Procedural Fairness
• Reinstatement
• Disciplinary Hearing Rights