South Africa Case Law

Spannenberg v Member of the Executive Council, Department of Health, Eastern Cape Province and Another - Application for Rescission (803/2020)

Spannenberg v Member of the Executive Council, Department of Health, Eastern Cape Province and Another - Application for Rescission (803/2020) [2023] ZAECBHC 34 (25 May 2023)

Court

Eastern Cape High Court, Bhisho

Case number

803/2020

Judge

Hartle

The court found that the review order granted on 16 March 2021 was erroneously sought and granted in the absence of the respondents, as it was not legally competent or enforceable. The order required the Department to record uninterrupted service for a period when the applicant's salary was frozen and no pension contributions were made, without any prior legal pronouncement on her entitlement to incapacity leave or salary for that period. The Bargaining Council award did not order payment of salary for the disputed period, and the applicant failed to obtain such relief in the Labour Court. Th…

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• Promotion Of Administrative Justice Act
• State Liability Act
• Rescission Of Judgment
• Incapacity Leave
• Ill Health Retirement
• Default Judgment Procedure

Matshidiso v Chief Executive Officer - South African Social Security Agency and Another (J 1175/2022)

Matshidiso v Chief Executive Officer - South African Social Security Agency and Another (J 1175/2022) [2022] ZALCJHB 365 (29 September 2022)

Court

Labour Court Johannesburg

Case number

J 1175/2022

Judge

Lagrange

The Labour Court struck the matter from the roll for lack of urgency, holding that financial hardship alone was insufficient and no exceptional circumstances were shown.

• Urgency In Labour Applications
• Incapacity Leave
• Ill Health Retirement
• Unlawful Suspension
• Salary Non Payment
• Urgency-in-labour-applications

Jethro v MEC for Department of Education Western Cape Government (C292/2015)

Jethro v MEC for Department of Education Western Cape Government (C292/2015) [2016] ZALCCT 15 (22 April 2016)

Court

Labour Court Cape Town

Case number

C292/2015

Judge

Rabkin-Naicker

The court found that the respondent's refusal to reinstate the applicant under section 14(2) of the Employment of Educators Act was an exercise of statutory discretion and therefore constituted administrative action subject to review under PAJA. The respondent failed to provide adequate reasons for its decision, triggering the presumption under section 6(5)(3) of PAJA that the action was taken without good reason. The respondent did not apply its mind to the agreed procedures regarding incapacity leave and failed to consult with the applicant's union as required. While the jurisdictional requ…

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• Employment Of Educators Act
• Promotion Of Administrative Justice Act
• Incapacity Leave
• Procedural Fairness
• Right To Reasons

Liebenberg v Mbekwa and Others (JR2899/09)

Liebenberg v Mbekwa and Others (JR2899/09) [2014] ZALCJHB 385 (9 October 2014)

Court

Labour Court Johannesburg

Case number

JR2899/09

Judge

Fouché

The Labour Court found that the arbitrator failed to apply National Instruction 2 of 2004 together with Resolution 7 of 2000, resulting in a gross irregularity. The arbitrator ignored material evidence, including medical reports and procedural requirements, and did not properly consider the applicant's entitlement to paid leave for occupational disease. The respondent's failure to follow proper procedures and provide the applicant with relevant policy documents contributed to an unreasonable award. The Court held that the applicant was entitled to reinstatement of her salary from 8 April 2008…

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• Incapacity Leave
• Collective Agreement Interpretation
• Occupational Disease
• Compensation For Occupational Injuries
• Review Of Arbitration Award

Western Cape Education Department v General Public Service Sectoral Bargaining Council and Others (CA11/13)

Western Cape Education Department v General Public Service Sectoral Bargaining Council and Others (CA11/13) [2014] ZALAC 34; [2014] 10 BLLR 987 (LAC); (2014) 35 ILJ 3360 (LAC) (26 June 2014)

Court

Labour Appeal Court

Case number

CA11/13

Judges

Davis, Molemela, Sutherland

The Labour Appeal Court found that Mr Gordon's resignation was a constructive dismissal as the employer's conduct, including failure to process incapacity leave and ill-health retirement applications, unreasonable salary deductions, and lack of support from senior officials, rendered continued employment intolerable. The evidence of intolerable conditions was largely uncontested and of the employer's making. The Court held that the Labour Court correctly applied the two-stage approach to constructive dismissal, finding both the dismissal and its unfairness established. The subsequent request…

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• Constructive Dismissal
• Unfair Dismissal
• Reinstatement Remedy
• Incapacity Leave
• Public Service Act
• Review Of Arbitration Award

Western Cape Education Department v Gordon (CA 11/13)

Western Cape Education Department v Gordon (CA 11/13) [2014] ZALAC 113 (26 June 2014)

Court

Labour Appeal Court

Case number

CA 11/13

Judges

Molemela, Davis, Sutherland

The Labour Appeal Court upheld a constructive dismissal finding and dismissed the employer’s appeal with costs, holding that reinstatement was a fair remedy.

• Constructive Dismissal
• Unfair Dismissal
• Reinstatement Remedy
• Incapacity Leave
• Public Service Act
• Review Of Arbitration Award

Public Servants Association of South Africa obo De Bruyn v Minister of Safety and Security and Another (JA91/09)

Public Servants Association of South Africa obo De Bruyn v Minister of Safety and Security and Another (JA91/09) [2012] ZALAC 14; [2012] 9 BLLR 888 (LAC); (2012) 33 ILJ 1822 (LAC) (15 May 2012)

Court

Labour Appeal Court

Case number

JA91/09

Judges

Mlambo JP, Mailula AJA, Landman AJA

The Labour Appeal Court held that the dispute regarding the refusal of temporary incapacity leave is governed by the provisions of Resolution 5 of 2001 of the PSCBC, a binding collective agreement. Section 157(5) of the LRA excludes the Labour Court's jurisdiction where the LRA requires unresolved disputes to be resolved through arbitration. The appellant's claim, although framed as a review under section 158(1)(h), is in substance a dispute about the interpretation and application of the collective agreement, which must be resolved through the dispute resolution mechanisms provided therein.…

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• Collective Agreement Interpretation
• Incapacity Leave
• Jurisdiction Of Labour Court
• Arbitration Procedure
• Unfair Labour Practice

Public Servants Association of SA obo De Bruyn v Minister of Safety and Security and Another (JR388/07)

Public Servants Association of SA obo De Bruyn v Minister of Safety and Security and Another (JR388/07) [2008] ZALC 169; (2009) 30 ILJ 1631 (LC) (10 December 2008)

Court

Labour Court

Case number

JR388/07

Judge

Molahlehi

The court held that the refusal to grant special incapacity leave and paid leave does not constitute administrative action under PAJA but is a decision arising from the employment relationship governed by the LRA and the applicable collective bargaining agreement (Resolution 5 of 2001 of the PSCBC). The appropriate forum for challenging such decisions is the PSCBC through its dispute resolution mechanisms, not the Labour Court. As a result, the application was dismissed for lack of jurisdiction.

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• Incapacity Leave
• Collective Bargaining Agreement
• Jurisdiction
• Unfair Labour Practice
• Administrative Action
• Promotion Of Administrative Justice Act

Public Servants Association of SA De Bruyn v Minister of Safety And Security and Another (JR388/07)

Public Servants Association of SA De Bruyn v Minister of Safety And Security and Another (JR388/07) [2008] ZALCJHB 51 (10 December 2008)

Court

Labour Court Johannesburg

Case number

JR388/07

Judge

Molahlehi

The court held that the refusal to grant special incapacity leave and paid leave does not constitute administrative action under PAJA but is a decision arising from the employment relationship, governed by the LRA and the relevant collective bargaining agreement (Resolution 5 of 2001 of the PSCBC). The appropriate forum for challenging such decisions is the PSCBC through its dispute resolution mechanisms, not the Labour Court under administrative law. The applicant's cause of action rests in the application and interpretation of the PSCBC resolution, and the Labour Court lacks jurisdiction to…

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• Incapacity Leave
• Collective Bargaining Agreement
• Jurisdiction
• Unfair Labour Practice
• Administrative Action
• Promotion Of Administrative Justice Act

South African Police Services v Public Service Co-ordinating Bargaining Council and Others (P118/07)

South African Police Services v Public Service Co-ordinating Bargaining Council and Others (P118/07) [2008] ZALC 17; (2008) 29 ILJ 1989 (LC) (15 February 2008)

Court

Labour Court

Case number

P118/07

Judge

Nieuwoudt

The Labour Court set aside a compensation award in a collective-agreement dispute, holding the arbitrator exceeded his powers. The counter-review was dismissed.

• Interpretation Of Collective Agreements
• Incapacity Leave
• Compensation Remedies
• Review Of Arbitration Award
• Labour-law
• Collective-agreements