South Africa Case Law

KwaZulu-Natal Department of Transport v Hoosen and Others (D 259/11)

KwaZulu-Natal Department of Transport v Hoosen and Others (D 259/11) [2015] ZALCD 56; (2016) 37 ILJ 156 (LC) (17 September 2015)

Court

Labour Court Durban

Case number

D 259/11

Judge

Whitcher

The Labour Court found that the GPSSBC had jurisdiction to hear the dispute as an unfair labour practice relating to promotion. The evidence established that Mr. Makabela's elevation to Chief Provincial Inspector was a promotion, not merely a translation in rank, as it involved advancement in both rank and salary. The promotion was unfair because Mr. Makabela did not meet the minimum educational requirements for the post, and the process did not comply with prescribed regulations. The unfairness suffered by the first respondents was the blocking of their career advancement and subjection to a…

Source excerpt

• Unfair Labour Practice
• Promotion In Public Service
• Jurisdiction Of Bargaining Council
• Remedy For Unfair Promotion

Mosingathi v Minister of Defence and Another (2014/49314)

Mosingathi v Minister of Defence and Another (2014/49314) [2015] ZAGPPHC 543 (28 July 2015)

Court

North Gauteng High Court, Pretoria

Case number

2014/49314

Judge

Wright

The High Court dismissed a SANDF major’s application for retrospective promotion and to halt investigations, finding he had not made out a case for relief.

• Promotion In Public Service
• Military Discipline
• Interdict
• Retrospective Promotion
• Administrative-law
• Public-service-promotion

Member of the Executive Council for Transport: Kwazulu-Natal and Others v Jele (DA6/03)

Member of the Executive Council for Transport: Kwazulu-Natal and Others v Jele (DA6/03) [2004] ZALAC 13; [2004] 12 BLLR 1238 (LAC); (2004) 25 ILJ 2179 (LAC) (9 July 2004)

Court

Labour Appeal Court

Case number

DA6/03

Judges

Zondo JP, Willis JA, Davis AJA

The Labour Appeal Court held that the respondent's employer, for purposes of item 2(1)(b) of Schedule 7 to the Labour Relations Act, was the State. The Court found that the respondent, employed in a provincial government department, remained an employee of the State regardless of departmental transfer or promotion. The statutory and constitutional framework, including the Labour Relations Act, Public Service Act, and Public Service Labour Relations Act, consistently define the State as the employer of public service employees. The Court rejected the appellants' argument that provincial depart…

Source excerpt

• Unfair Labour Practice
• Promotion In Public Service
• Jurisdiction Of Bargaining Council
• Definition Of Employer
• Public Service Act Interpretation

Pascoe and Another v Minister of Public Services and Administration and Another (D614/2001)

Pascoe and Another v Minister of Public Services and Administration and Another (D614/2001) [2002] ZALC 42; [2002] 8 BLLR 791 (LC) (4 June 2002)

Court

Labour Court

Case number

D614/2001

Judge

Pillay D

The Labour Court held that section 37(2)(c) of the Public Service Act does not authorise promotion of officials, and the Province lacked power to recommend it.

• Public Service Act
• Promotion In Public Service
• Remuneration
• Provincial Service Commission
• Ultra Vires
• Public-service-act