Tabane v Railway Safety Regulator (JS435/23) [2024] ZALCJHB 187 (8 May 2024)
Court
Labour Court Johannesburg
Case number
JS435/23
Judge
Norton
The Labour Court held it had jurisdiction over a contractual breach claim arising from probation-related dismissal and dismissed the respondent’s exception.
Baloyi v Officer of The Public Prosecutor and Others (84053/19) [2019] ZAGPPHC 993 (12 December 2019)
Court
North Gauteng High Court, Pretoria
Case number
84053/19
Judge
M J Teffo
The court found that the applicant's claims, although framed as constitutional and contractual, are essentially labour disputes as envisaged by the Labour Relations Act. The employment contract and relevant policy documents explicitly reference the LRA as the mechanism for resolving disputes regarding termination and probation. The court applied the principles from Chirwa, Gcaba, and Hendricks, holding that the High Court's jurisdiction is ousted where the matter falls within the exclusive jurisdiction of the Labour Court under section 157(1) of the LRA. The applicant's allegations regarding…