South Africa Case Law

Reinhardt Transport v National Bargaining Council for the Road,Freight and Logistics Industry and Others (JA72/2021)

Reinhardt Transport v National Bargaining Council for the Road,Freight and Logistics Industry and Others (JA72/2021) [2022] ZALAC 115; (2023) 44 ILJ 172 (LAC) (18 October 2022)

Court

Labour Appeal Court

Case number

JA72/2021

Judges

Waglay JP, Coppin JA, Tokota AJA

The Labour Appeal Court found that the commissioner failed to consider the purpose and importance of the drivecam policy, the employer’s consistent application of the rule, and the lack of remorse shown by the employee. The commissioner’s decision to order reinstatement without back pay was not rationally connected to the facts and circumstances presented. The Labour Court erred by not evaluating whether the commissioner’s award was reasonable and supported by the evidence. The drivecam policy was clear, the employee was aware of its terms, and the breach was serious enough to warrant dismiss…

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• Unfair Dismissal
• Disciplinary Policy
• Review Of Arbitration Award
• Reasonableness Standard
• Code Of Good Practice Dismissal

Moeketsi v Gauteng Tourism Authority and Another (34046/2021)

Moeketsi v Gauteng Tourism Authority and Another (34046/2021) [2021] ZAGPPHC 743 (28 October 2021)

Court

North Gauteng High Court, Pretoria

Case number

34046/2021

Judge

DT Skosana

The court found that the MEC was not authorized by any statute or the GTA's disciplinary policy to issue a directive to the Gauteng Tourism Authority to reinstate the applicant or amend its disciplinary policy. The disciplinary process and appeal are governed exclusively by the GTA's internal policy, which does not provide for MEC intervention. The MEC's directive was ultra vires, violated the constitutional principle of legality, and was consequently unlawful. The applicant's reliance on PAJA was misplaced, as employment and labour disputes do not constitute administrative action under PAJA.…

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• Ultra Vires Administrative Action
• Disciplinary Policy
• Promotion Of Administrative Justice Act
• Employment Relationship
• Collateral Challenge

Buys v Tokiso Dispute Settlement (Pty) Ltd and Others (JR 815/12)

Buys v Tokiso Dispute Settlement (Pty) Ltd and Others (JR 815/12) [2013] ZALCJHB 163 (30 July 2013)

Court

Labour Court Johannesburg

Case number

JR 815/12

Judge

Maddern

The court held that none of the grounds advanced by the Applicant met the threshold for setting aside the arbitration award under Section 33 of the Arbitration Act. The arbitrator's inference regarding the use of the affidavit by Proconse was reasonable and did not amount to misconduct. The alleged irregularity concerning the breakdown of the trust relationship was not pleaded as a gross irregularity and thus did not warrant further consideration. The arbitrator had considered the disciplinary policy, and reliance on the Applicant's seniority was not improper. The application for review was d…

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• Arbitration Review
• Misconduct
• Trust Relationship
• Disciplinary Policy
• Substantive Fairness

Nyathi v Special Investigating Unit (J1334/11)

Nyathi v Special Investigating Unit (J1334/11) [2011] ZALCJHB 66; [2011] 12 BLLR 1211 (LC); (2011) 32 ILJ 2991 (LC) (22 July 2011)

Court

Labour Court Johannesburg

Case number

J1334/11

Judge

A C Basson

The court found that the Disciplinary Policy, specifically clause 9.2, was contractually binding and peremptory, providing that suspension lapses after 90 days unless disciplinary proceedings are instituted. The respondent, having elected to suspend the applicant under the Disciplinary Policy, could not subsequently rely on a separate contractual provision to extend the suspension indefinitely. The extension of the applicant's suspension beyond 90 days was therefore unlawful and invalid. Regarding termination, the court held that the applicant's refusal to undergo a polygraph examination cons…

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• Unlawful Suspension
• Disciplinary Policy
• Repudiation Of Contract
• Urgent Interdict
• Employment Contract Terms

National Union of Mineworkers and Another v Commission for Conciliation Mediation and Arbitration and Others (C23/08)

National Union of Mineworkers and Another v Commission for Conciliation Mediation and Arbitration and Others (C23/08) [2010] ZALC 230 (23 April 2010)

Court

Labour Court

Case number

C23/08

Judge

Molahlehi

The court found that the commissioner had properly applied his mind to all relevant facts and evidence, and that the dismissal of the applicant was both substantively and procedurally fair. The commissioner did not defer to the employer's decision but made an independent assessment as required by law. The amended disciplinary policy was found to have been properly communicated and applied, and the applicant was aware of the rule prohibiting attendance at work under the influence of alcohol. The court held that the decision reached by the commissioner was one that a reasonable decision maker c…

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• Unfair Dismissal
• Substantive Fairness
• Procedural Fairness
• Gross Irregularity
• Disciplinary Policy
• Condonation

Baloyi v Department of Communications and Others (J2632/09)

Baloyi v Department of Communications and Others (J2632/09) [2014] ZALCJHB 419 (17 November 2009)

Court

Labour Court Johannesburg

Case number

J2632/09

Judge

Molahlehi

The Labour Court held that Basani Baloyi’s suspension was unlawful because she was not given a proper chance to respond before being suspended.

• Unlawful Suspension
• Audi Alteram Partem
• Sms Handbook Compliance
• Disciplinary Policy
• Urgent Interdict
• Unlawful-suspension