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South Africa Case Law

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Labour Law [2021] ZALCJHB 63

Marhule v Minister of Home Affairs and Others (J 533/2021)

Marhule v Minister of Home Affairs and Others (J 533/2021) [2021] ZALCJHB 63 (30 May 2021)

The Labour Court dismissed an urgent bid to stop legal representation in a disciplinary hearing, holding the application lacked urgency and exceptional grounds.

  • Legal Representation In Disciplinary Hearings
  • Senior Management Service Handbook
  • Urgent Interdict
  • Exceptional Circumstances
  • Internal Disciplinary Proceedings
  • Urgent-interdict
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Labour Law [2019] ZALCD 9

Khanyile v Department of Transport for the Province of Kwazulu-Natal and Others (D1277/2019)

Khanyile v Department of Transport for the Province of Kwazulu-Natal and Others (D1277/2019) [2019] ZALCD 9 (8 October 2019)

The Labour Court held that it is not competent to interdict the implementation of a sanction arising from completed internal disciplinary proceedings in which the applicant fully participated, unless extreme exceptional circumstances are demonstrated. The applicant failed to establish a prima facie right to the relief sought, as his alleged right to fair labour practices is adequately protected by the dispute resolution mechanisms under the LRA, specifically section 191. The applicant did not demonstrate irreparable harm, as any adverse consequences could be remedied if he succeeds before the…

  • Urgent Interdict
  • Internal Disciplinary Proceedings
  • Unfair Labour Practice
  • Suspension Without Pay
  • Prima Facie Right
  • Alternative Remedy
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Labour Law [2018] ZALCJHB 422

Koopman v PRASA Metrorail and Others (C1229/2018)

Koopman v PRASA Metrorail and Others (C1229/2018) [2018] ZALCJHB 422 (27 December 2018)

The Labour Court dismissed an urgent ex parte application challenging an ongoing disciplinary enquiry, finding no exceptional circumstances and awarding costs.

  • Urgent Relief
  • Internal Disciplinary Proceedings
  • Court Intervention
  • Abuse Of Process
  • Costs Order
  • Urgent-relief
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