PE v Dr Beyers Naude Local Municipality and Another (828/2011) [2021] ZAECGHC 35; [2021] 2 All SA 839 (ECG); (2021) 42 ILJ 1545 (ECG); 2022 (1) SA 560 (ECG) (13 April 2021)
Court
Eastern Cape High Court, Grahamstown
Case number
828/2011
Judge
Kroon AJ
The court awarded damages to a woman compelled to resign after a workplace sexual assault, finding the municipality’s reinstatement offer unlawful and unreasonable.
Dwenga and Others v Surgeon-General of the South African Military Health Services and Others (40844/2013) [2014] ZAGPPHC 727 (26 September 2014)
Court
North Gauteng High Court, Pretoria
Case number
40844/2013
Judge
P.A. Meyer
The court found that the SANDF's continued blanket exclusion of HIV positive individuals from recruitment and employment, through the use of the G1K1 health classification, is unconstitutional and in breach of both its own revised policies and prior court orders. The SANDF's attempt to relitigate the constitutionality of its employment practices was held to be vexatious, frivolous, and an abuse of process, as the issue had already been determined in the SASFU case. The SANDF failed to provide evidence that its operational requirements justified such discrimination, and its arguments regarding…
Ntshangase v MEC: Finance Kwa-Zulu Natal and Another (402/08) [2009] ZASCA 123; 2010 (3) SA 201 (SCA) ; [2010] 2 All SA 150 (SCA) ; [2009] 12 BLLR 1170 (SCA); (2009) 30 ILJ 2653 (SCA) (28 September 2009)
Court
Supreme Court of Appeal
Case number
402/08
Judges
Brand, Nugent, Heher, Snyders, Bosielo
The Supreme Court of Appeal held that the chairperson's decision in a public sector disciplinary hearing, made under statutory authority and binding on the employer, constitutes administrative action. Such action is reviewable by the Labour Court under s158(1)(h) of the LRA on grounds including rationality. The employer, as a public functionary, has both the right and duty to seek review of an irrational or grossly unreasonable decision that prejudices its interests and undermines fair labour practices. In this case, the chairperson's decision to impose only a final written warning, despite s…
Litha v Madonsela and Others (12369/05) [2005] ZAGPHC 106; (2006) 27 ILJ 780 (W) (6 October 2005)
Court
High Courts - Gauteng
Case number
12369/05
Judge
Tsoka
The High Court held that the Minister of Transport, not the Railway Safety Regulator Board, was the applicant’s employer and had exclusive disciplinary authority.
