South Africa Case Law

Raedene v Minister of Police and Another (1624/2020)

Raedene v Minister of Police and Another (1624/2020) [2024] ZALMPTHC 28 (15 April 2024)

Court

Limpopo High Court, Thohoyandou

Case number

1624/2020

Judge

Denge

The court held that the respondents' decision to classify the applicant's resignation as a dishonourable discharge and to refuse payment of capped leave was not administrative action within the meaning of PAJA, as it arose from the employment relationship and was governed by the Labour Relations Act and the relevant collective agreement. The High Court's jurisdiction was not engaged, as the matter fell within the exclusive jurisdiction of the Labour Court. The constitutional challenges to the National Instruction provisions failed, as the alleged infringements either did not apply (presumptio…

Source excerpt

• Collective Agreements
• Dishonourable Discharge
• Leave Gratuity
• Jurisdiction Of High Court
• Constitutional Invalidity
• Doctrine Of Avoidance

Funani v MEC: Department of Education Eastern Cape Province and Another (479/2016)

Funani v MEC: Department of Education Eastern Cape Province and Another (479/2016) [2017] ZAECBHC 9 (12 October 2017)

Court

Eastern Cape High Court, Bhisho

Case number

479/2016

Judge

Stretch

The court held that the applicant's claim, based on the Department's refusal to pay leave gratuity and bonus, constitutes a dispute about unfair labour practices as defined in the Labour Relations Act. The relief sought arises from the employment relationship and is subject to the dispute resolution mechanisms established by the LRA. The High Court does not have jurisdiction to adjudicate such matters, which fall within the exclusive jurisdiction of the Labour Court. The applicant failed to exhaust internal remedies and did not properly plead a contractual or administrative law basis for her…

Source excerpt

• Jurisdiction Of High Court
• Unfair Labour Practice
• Exhaustion Of Internal Remedies
• Administrative Action Under Paja
• Leave Gratuity
• Review Of Administrative Action

Konono v MEC for the Department of Education, Eastern Cape Province and Others (278/2011)

Konono v MEC for the Department of Education, Eastern Cape Province and Others (278/2011) [2013] ZAECGHC 105 (1 October 2013)

Court

Eastern Cape High Court, Grahamstown

Case number

278/2011

Judge

J M Roberson

The court held that an educator had resigned, not retired, and dismissed his claim for retirement-related benefits and corrective pension steps.

• Retirement Benefits
• Resignation Vs Retirement
• Government Employees Pension Fund
• Leave Gratuity
• Pro Rata Bonus
• Medical Assistance