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South Africa decisions
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South African Police Services v Safety and Security Sectoral Bargaining Council and Others (C543/2022) [2025] ZALCCT 12 (24 February 2025)
The Labour Court reviewed an arbitration award and held that the employee’s dismissal for misconduct was substantively fair.
Kagisano Molopo Local Municipality and Others v Gaborone and Others (1622/2024) [2024] ZANWHC 222 (23 August 2024)
The High Court dismissed condonation and leave to appeal after finding the late filing unexplained and no reasonable prospects of success.
Mere v Tswaing Local Municipality and Others (2017/2024) [2024] ZANWHC 124 (9 May 2024)
The Court found that the Council failed to comply with Regulation 6 of the Disciplinary Regulations for Senior Managers in suspending the applicant. The initial notice of intention to suspend did not set out any allegations of misconduct, and the subsequent notice was vague and did not remedy the procedural defects. The applicant was not afforded a meaningful opportunity to make representations as required by Regulation 6. The Council's resolution and the suspension were therefore unlawful and invalid. The High Court has jurisdiction to hear the legality challenge, as the relief sought was no…
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Penxa v Beafort West Municipality and Others (C77/22) [2022] ZALCCT 16 (5 April 2022)
The Labour Court found that the applicant was not afforded a proper opportunity to make written representations as required by Regulation 6(2) of the Disciplinary Regulations and clause 16 of his employment contract. The letter of 21 January 2022 did not communicate any intention to suspend the applicant and only invited a response to allegations of misconduct. The subsequent suspension was therefore unlawful and in breach of the contract. The Court held that the matter was urgent, that leave to amend the Notice of Motion and file a supplementary affidavit was properly granted, and that the L…
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Govender v Provincial Head of Commercial Crime and Others (D04/2021) [2021] ZALCD 74 (2 September 2021)
The court found that the Respondents failed to comply with Regulation 8(1) by not completing the investigation or proceeding with disciplinary action within the prescribed timeframes. The explanation that the COVID-19 pandemic caused the delay was rejected, as the misconduct allegations and initial steps occurred well before the pandemic. The Respondents only acted after the application was brought and set down for hearing, indicating that the Applicant's intervention was necessary to obtain relief. The withdrawal of charges resolved the substantive dispute, leaving only the issue of costs. A…
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South African Municipal Workers Union obo Makofane v Matjhabeng Municipality and Another (JR 401/2021) [2021] ZALCJHB 72 (31 May 2021)
The applicant's pleadings did not disclose a cause of action within the Labour Court's jurisdiction under the LRA, BCEA, or any other statute. The claim was based solely on alleged unlawfulness due to breach of subordinate legislation (disciplinary regulations), without reliance on unfair labour practice, contractual breach, or statutory provision conferring jurisdiction. The Labour Court, as a creature of statute, cannot entertain claims for unlawfulness unless the pleadings bring the dispute within its statutory jurisdiction. The applicant failed to identify any provision in the LRA or othe…
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Mothogoane and Another v Lepelle-Nkumpi Local Municipality and Another (J 4115/18) [2018] ZALCJHB 411; (2019) 40 ILJ 1072 (LC) (11 December 2018)
The court found that the applicants failed to establish on a balance of probabilities that the council resolutions were taken without voting, and in the absence of oral evidence, accepted the respondent's version that the motions were passed unanimously. The suspensions were found to be compliant with Regulation 6, as the applicants were afforded a reasonable opportunity to make representations, which they did not utilize. The reasons for suspension were objectively justifiable given the seriousness of the allegations, the applicants' senior positions, and the need to protect the integrity of…
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Hadebe v Msunduzi Municipality (D1558/18) [2018] ZALCD 13 (17 August 2018)
The court found that the respondent had complied with the requirements of regulation 6 of the Local Government: Disciplinary Regulations for Senior Managers, 2010. The applicant was given notice of the intended suspension and an opportunity to make representations, which were considered by the respondent. The reasons for suspension were clearly articulated, including concerns about interference with the investigation and witnesses. The suspension was precautionary, not punitive, and linked to the duration of the ongoing investigation. The court held that the suspension was not unlawful and th…
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Thibini v Merafong City local Municipality and Others (J1113/17) [2017] ZALCJHB 235 (26 May 2017)
The court found that the applicant failed to make out a proper case for the relief sought. The application to strike out was dismissed because it was not properly raised and did not specify prejudicial content. The applicant was given an opportunity to make representations but failed to respond substantively to the allegations, which were serious and related to maladministration and corruption at the Rooipoort Landfill Site. The Labour Court held that it lacked jurisdiction to declare the suspension unlawful under the Labour Relations Act, as the Act deals with fairness, not lawfulness, and t…
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POPCRU obo Ashondolf v National Commissioner, South African Police Services and Others (J969/2015) [2015] ZALCJHB 355 (16 October 2015)
The Labour Court dismissed leave to appeal, finding no reasonable prospects of success against its earlier ruling upholding Ashondolf’s suspension.
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