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South Africa decisions
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DSR Beleggings (Pty) Ltd v Minister of Labour and Another (028984/2023) [2025] ZAGPPHC 164 (14 February 2025)
The High Court held that the dispute over a corporate visa recommendation arises from the Employment Services Act and referred the review to the Labour Court.
Mokoena v Magistrate Nekosie and Others (A05/2020) [2024] ZAFSHC 253 (6 May 2024)
The court found that the Regional Court has jurisdiction to adjudicate criminal offences, including those arising from alleged misrepresentations in employment contracts, and that the applicant's reliance on the Basic Conditions of Employment Act and cited cases was misplaced. The applicant failed to provide a bona fide and satisfactory explanation for his repeated requests for postponement, which were found to be tactical maneuvers to delay prosecution. The court held that the interests of justice and public interest required finality and that no further postponement should be granted. The r…
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Jojwana v King Sabata Dalindyebo Municipality and Others (1626/19) [2020] ZAECMHC 52 (10 November 2020)
The applicant failed to plead sufficient facts to establish the High Court's jurisdiction over his claim for extra duty allowance. He did not set out the terms of any employment agreement or provide evidence of a contractual or constitutional breach that would invoke the High Court's concurrent jurisdiction under section 157(2)(a) of the Labour Relations Act. The relief sought was unsupported by the founding affidavit, and the cause of action was not properly pleaded. As a result, the High Court is legally incompetent to entertain the application, and the matter falls within the exclusive jur…
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Baloyi v Officer of The Public Prosecutor and Others (84053/19) [2019] ZAGPPHC 993 (12 December 2019)
The court found that the applicant's claims, although framed as constitutional and contractual, are essentially labour disputes as envisaged by the Labour Relations Act. The employment contract and relevant policy documents explicitly reference the LRA as the mechanism for resolving disputes regarding termination and probation. The court applied the principles from Chirwa, Gcaba, and Hendricks, holding that the High Court's jurisdiction is ousted where the matter falls within the exclusive jurisdiction of the Labour Court under section 157(1) of the LRA. The applicant's allegations regarding…
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Provincial Commissioner, Gauteng South African Police Services and Another v Mnguni (890/11) [2013] ZASCA 2; [2013] 5 BLLR 421 (SCA); [2013] 2 All SA 262 (SCA); (2013) 34 ILJ 1107 (SCA) (22 February 2013)
The Supreme Court of Appeal held that the respondent's challenge to his dismissal by the South African Police Service was quintessentially a labour issue governed by the Labour Relations Act and the Constitution. The disciplinary and appeal procedures were products of collective bargaining and regulated employment relations. The respondent's complaint was essentially one of unfair dismissal, which must be pursued in the Labour Court, not the High Court. The court rejected the argument that the appeals authority's decision was reviewable on common law grounds, finding that common law review ha…
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Wicks v SA Independant Liner Services (Pty) Ltd and Another (10155/2008) [2010] ZAWCHC 383 (30 April 2010)
The court found that the dispute was essentially a labour matter, notwithstanding the applicant's attempt to frame it as a company law issue. The applicant's suspension, even if unlawful, affected the employer-employee relationship and remedies for such conduct are provided for under the Labour Relations Act. The High Court's jurisdiction is ousted where the Labour Relations Act provides a remedy, and the applicant must seek relief through the mechanisms established by that Act. The Rule Nisi was discharged and costs, including those for two counsel, were awarded to the respondents.
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Wicks v SA Independent Line Services (Pty) Ltd and Another (10155/2008) [2010] ZAWCHC 97 (30 April 2010)
The court found that the dispute, although framed by the applicant as a company law issue regarding the validity of his suspension, was essentially a labour-related matter. The applicant's rights and remedies for suspension as managing director were provided for under the Labour Relations Act, which confers exclusive jurisdiction on the Labour Court for such matters. The applicant's attempt to rely solely on company law and avoid the mechanisms of the Labour Relations Act was rejected. The High Court's jurisdiction was ousted because the matter was to be determined by the Labour Court under t…
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Boxer Superstores Mthatha v Mbenya (97/2006) [2007] ZASCA 79; [2007] 8 BLLR 693 (SCA); 2007 (5) SA 450 (SCA); (2007) 28 ILJ 2209 (SCA) (31 May 2007)
The Supreme Court of Appeal held that the High Court retains jurisdiction to adjudicate claims for unlawful dismissal based on contractual grounds, even if the facts could also support a claim for unfair dismissal under the Labour Relations Act. The employee's claim was carefully formulated to exclude any reliance on unfairness or unfair labour practice remedies under the LRA, focusing solely on contractual unlawfulness. The Court confirmed that section 157(1) of the LRA does not oust the High Court's jurisdiction in such cases, provided the claim does not fall within the exclusive jurisdicti…
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