South Africa Case Law

POPCRU obo Masemola and Others v Minister of Correctional Services (J1229/09)

POPCRU obo Masemola and Others v Minister of Correctional Services (J1229/09) [2009] ZALC 65; (2010) 31 ILJ 412 (LC) ; [2010] 4 BLLR 450 (LC) (30 June 2009)

Court

Labour Court

Case number

J1229/09

Judge

Nyathela

The Labour Court set aside the suspension of 15 POPCRU shopstewards for alleged encouragement not to attend a prayer day, finding the suspensions procedurally unfair.

• Preventative Suspension
• Right To Be Heard
• Urgent Interdict
• Trade Union Representation
• Precautionary-suspension
• Right-to-be-heard

POPCRU obo Masemola and Others v Minister of Correctional Services (J1229/09)

POPCRU obo Masemola and Others v Minister of Correctional Services (J1229/09) [2009] ZALCJHB 102 (30 June 2009)

Court

Labour Court Johannesburg

Case number

J1229/09

Judge

Nyathela

The court found that the respondent failed to afford the suspended employees an opportunity to be heard prior to their suspension, in violation of established principles of fairness and procedural justice. The suspensions had a detrimental impact on the employees' reputations, dignity, and job security, as well as on the functioning of the union. The respondent did not provide any objectively justifiable reason for denying the employees access to the workplace, nor did it consult the union before suspending its shopstewards. The requirements for urgent relief were met, as the application was…

Source excerpt

• Preventative Suspension
• Fair Procedure
• Right To Be Heard
• Trade Union Representation