South Africa Case Law

Makukau v Ramotshere Moiloa Local Municipality and Another (J633/16)

Makukau v Ramotshere Moiloa Local Municipality and Another (J633/16) [2016] ZALCJHB 486 (21 June 2016)

Court

Labour Court Johannesburg

Case number

J633/16

Judge

Van Niekerk

The Labour Court held the applicant’s suspension had lapsed, ordered his return to work, and postponed the remaining issues on compliance with senior managers’ disciplinary regulations.

• Disciplinary Regulations For Senior Managers
• Jurisdiction Of Labour Court
• Suspension Of Senior Manager
• Municipal Systems Act Compliance
• Declaratory Relief
• Interdict Against Disciplinary Hearing

Moya v Standard Bank of South Africa (Pty) Ltd (J2010/10)

Moya v Standard Bank of South Africa (Pty) Ltd (J2010/10) [2010] ZALC 147 (12 October 2010)

Court

Labour Court

Case number

J2010/10

Judge

Van Niekerk

The court held that it lacked jurisdiction to interdict the respondent from proceeding with the disciplinary hearing. The applicant failed to establish a prima facie right to the interim relief sought, as the impairment of reputation is not a ground over which the Labour Court has jurisdiction. The applicant's resignation did not automatically oblige the respondent to terminate disciplinary processes, and the respondent was entitled to hold the applicant to her notice period and convene a disciplinary hearing within that period. The application was accordingly dismissed.

Source excerpt

• Jurisdiction Of Labour Court
• Interdict Against Disciplinary Hearing
• Constructive Dismissal
• Prima Facie Right