Nutesa v Central University of Technology, Free State (JR 2043/08) [2008] ZALC 146; [2009] 4 BLLR 369 (LC) ; (2009) 30 ILJ 1620 (LC) (19 November 2008)
Court
Labour Court
Case number
JR 2043/08
Judge
Molahlehi
The court held that the respondent's decision regarding the restructuring of peromnes levels 4 to 7 was not administrative action as envisaged by section 33 of the Constitution or section 1 of PAJA, but rather an employment-related decision governed by the Labour Relations Act. The applicant's rights to consultation and collective bargaining arise from the LRF constitution and the relationship agreement, both of which fall within the framework of the LRA. The applicant failed to demonstrate a clear right to an interim interdict, irreparable harm, or that the balance of convenience favoured gr…