South Africa Case Law

South African Municipal Workers Union obo Mgcineni v South African Local Government Bargaining Council and Others (JR749/22)

South African Municipal Workers Union obo Mgcineni v South African Local Government Bargaining Council and Others (JR749/22) [2024] ZALCJHB 244; (2024) 45 ILJ 2367 (LC); [2024] 11 BLLR 1198 (LC) (20 June 2024)

Court

Labour Court Johannesburg

Case number

JR749/22

Judge

RN Daniels

The court found that Mr Mgcineni was not dismissed by the Umsobomvu Local Municipality. His employment terminated by operation of law upon his election as a councillor, as provided by the Local Government: Municipal Structures Act and its regulations. The attempt to withdraw his candidacy after nominations closed was impermissible under the amended Act. The arbitrator's ruling was correct, as there was no act of dismissal by the employer; instead, the statutory provisions deemed him to have resigned. The applicant failed to establish any error in the arbitrator's understanding of the law, and…

Source excerpt

• Jurisdiction Of Bargaining Council
• Operation Of Law Termination
• Municipal Structures Act
• Deemed Resignation
• Unfair Dismissal

NEHAWU obo Ngomane v Department of Employment and Labour and Others (JR 2482/2019)

NEHAWU obo Ngomane v Department of Employment and Labour and Others (JR 2482/2019) [2022] ZALCJHB 45 (2 March 2022)

Court

Labour Court Johannesburg

Case number

JR 2482/2019

Judge

Van Niekerk

The Labour Court removed a review from the roll because the applicant failed to plead proper review grounds and did not comply with Rule 7A.

• Public Service Act Section 17
• Review Under Lra Section 158 1 H
• Failure To Provide Reasons
• Procedural Compliance Rule 7a
• Substantive Unfairness
• Operation Of Law Termination

Sekwati v Safety and Security Sectoral Bargaining Council and Others (JR160/13)

Sekwati v Safety and Security Sectoral Bargaining Council and Others (JR160/13) [2016] ZALCJHB 116 (24 March 2016)

Court

Labour Court Johannesburg

Case number

JR160/13

Judge

D H Gush

The Labour Court dismissed a review of an arbitration award, holding that the applicant's employment ended by operation of law under SAPS regulations, not by dismissal.

• Unfair Dismissal
• Jurisdiction Of Bargaining Council
• Operation Of Law Termination
• Onus Of Proof
• Review Of Arbitration Award
• Review-of-arbitration-award

Nehawu obo Kgekwane v Department of Development Planning and Local Government (JA 68/13)

Nehawu obo Kgekwane v Department of Development Planning and Local Government (JA 68/13) [2015] ZALAC 5; (2015) 36 ILJ 1247 (LAC); [2015] 6 BLLR 575 (LAC) (15 January 2015)

Court

Labour Appeal Court

Case number

JA 68/13

Judges

Musi, Murphy, Kathree-Setiloane

The Labour Appeal Court held that once the appellant referred her unfair dismissal dispute to the GPSSBC, a bargaining council with jurisdiction, the referral to the CCMA lapsed and the CCMA lost jurisdiction over the matter. The GPSSBC's ruling that it lacked jurisdiction, based on the dismissal being by operation of law under the Public Service Act, was a final determination on the jurisdictional issue. The appellant failed to review this ruling and instead attempted to revive the CCMA proceedings, which constituted an impermissible collateral challenge and was estopped by the exceptio res…

Source excerpt

• Jurisdiction Of Ccma
• Unfair Dismissal
• Operation Of Law Termination
• Collateral Challenge
• Exceptio Res Judicata

PSA obo Smit v Mphaphuli NO and Others (C742/11)

PSA obo Smit v Mphaphuli NO and Others (C742/11) [2014] ZALCCT 19; (2014) 35 ILJ 2254 (LC) (16 April 2014)

Court

Labour Court Cape Town

Case number

C742/11

Judge

Steenkamp

The court found that the arbitrator's award was reasonable and not reviewable, as the evidence showed the applicant was absent without permission for more than a calendar month, satisfying the jurisdictional prerequisites for termination by operation of law under section 17 of the Public Service Act. The arbitrator properly considered the evidence and followed the required process. However, the MEC's refusal to reinstate the applicant was set aside because no reasons were provided for the decision, rendering it irrational and unreasonable under principles of administrative justice. The matter…

Source excerpt

• Public Service Act Dismissal
• Operation Of Law Termination
• Review Of Arbitration Award
• Reinstatement By Mec
• Promotion Of Administrative Justice Act

Department of Health v PHSDSBC and Others (P294/2011)

Department of Health v PHSDSBC and Others (P294/2011) [2013] ZALCPE 27; (2014) 35 ILJ 2166 (LC) (13 December 2013)

Court

Labour Court Port Elizabeth

Case number

P294/2011

Judge

Prinsloo AJ

The Labour Court held that the Public Service Act section 17 requirements were not met, so the termination was a dismissal and the bargaining council had jurisdiction.

• Unfair Dismissal
• Jurisdiction Of Bargaining Council
• Operation Of Law Termination
• Public Service Act
• Review Of Arbitration Award
• Unfair-dismissal

Director-General: Office of the Premier of the Western Cape and Another v South African Medical Association obo Broens and Others (C420/2007)

Director-General: Office of the Premier of the Western Cape and Another v South African Medical Association obo Broens and Others (C420/2007) [2010] ZALCCT 38 (26 November 2010)

Court

Labour Court Cape Town

Case number

C420/2007

Judge

A Steenkamp

The Labour Court held that Dr Broens’s employment did not end by operation of law under the Public Service Act and dismissed the review of the arbitration award.

• Unfair Dismissal
• Jurisdiction Of Bargaining Council
• Operation Of Law Termination
• Remedies For Unfair Dismissal
• Medical Boarding
• Reinstatement

Director-General: Office of the Premier of the Western Cape and Another v South African Medical Association obo Broens and Others (C420/2007)

Director-General: Office of the Premier of the Western Cape and Another v South African Medical Association obo Broens and Others (C420/2007) [2010] ZALC 204; (2011) 32 ILJ 1077 (LC) (26 November 2010)

Court

Labour Court

Case number

C420/2007

Judge

Steenkamp

The court found that the termination of Dr Broens' employment was a dismissal and not a discharge by operation of law under section 17(5)(a)(i) of the Public Service Act. The Department failed to establish that the employee was absent without permission, as it was actively considering his redeployment and medical boarding. The Bargaining Council had jurisdiction by consent of the parties, and the jurisdictional point was not pursued at arbitration. The arbitrator's award was not unreasonable, nor did he exceed his powers by ordering reinstatement in a non-clinical equivalent post, as this was…

Source excerpt

• Unfair Dismissal
• Jurisdiction Of Bargaining Council
• Operation Of Law Termination
• Remedies For Unfair Dismissal
• Medical Boarding
• Reinstatement

Department of Transport, North-West Province v Sebotha NO and Others (JR1511/05)

Department of Transport, North-West Province v Sebotha NO and Others (JR1511/05) [2009] ZALC 53; (2010) 31 ILJ 97 (LC) (13 May 2009)

Court

Labour Court

Case number

JR1511/05

Judge

Molahlehi

The Labour Court dismissed a review of an unfair-dismissal award, holding that the applicant failed to provide a complete arbitration record.

• Unfair Dismissal
• Review Of Arbitration Award
• Jurisdiction Of Bargaining Council
• Operation Of Law Termination
• Record Reconstruction
• Review-of-arbitration-award

Department of Transport North West Province v Sebotha NO and Others (JR1511/05)

Department of Transport North West Province v Sebotha NO and Others (JR1511/05) [2009] ZALCJHB 12 (13 May 2009)

Court

Labour Court Johannesburg

Case number

JR1511/05

Judge

Molahlehi

Review of an arbitration award was dismissed because the applicant failed to provide a complete record and had not invoked automatic termination under the Public Service Act.

• Unfair Dismissal
• Review Of Arbitration Award
• Failure To Provide Record
• Jurisdiction Of Bargaining Council
• Operation Of Law Termination
• Review-of-arbitration-award