South Africa Case Law

Ngema v Minister of Justice and Constitutional Development and Others (D 24/2020)

Ngema v Minister of Justice and Constitutional Development and Others (D 24/2020) [2022] ZALCD 45 (14 September 2022)

Court

Labour Court Durban

Case number

D 24/2020

Judge

Whitcher

The court found that the jurisdictional requirements for deemed dismissal under section 17(3)(a)(i) of the Public Service Act and clause 9 of GPSSBC Resolution 1/2006 were not satisfied. The applicant's absence was explained and his whereabouts were made known to the employer before the expiry of the prescribed period. The employer was able to contact the applicant through his wife and the prison, and the applicant complied with instructions to confirm his incarceration. Therefore, this was not a clear case of desertion, and the deeming provision was improperly invoked. The decision not to re…

Source excerpt

• Public Service Act Section 17
• Deemed Dismissal
• Jurisdictional Requirements
• Good Cause Reinstatement
• Legality Review

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

Chetty v Department of Health KZN and Others (D771/15)

Chetty v Department of Health KZN and Others (D771/15) [2021] ZALCD 78 (14 December 2021)

Court

Labour Court Durban

Case number

D771/15

Judge

N Hiralall

The Labour Court dismissed a review of a refused reinstatement request, finding excessive delay, Rule 7A non-compliance, and no complete record.

• Review Of Administrative Action
• Public Service Act Section 17
• Condonation Of Delay
• Labour Court Rule 7a
• Reinstatement
• Labour-court-review

MEC for Health (North West Province) v South African Medical Association and Another (JA42/2020)

MEC for Health (North West Province) v South African Medical Association and Another (JA42/2020) [2021] ZALAC 38; [2022] 1 BLLR 60 (LAC); (2022) 43 ILJ 134 (LAC) (18 October 2021)

Court

Labour Appeal Court

Case number

JA 42/2020

Judges

Waglay JP, Coppin JA, Kubushi AJA

The Labour Appeal Court held that an employee’s unauthorised absence triggered deemed dismissal under section 17 of the Public Service Act and remitted the review.

• Public Service Act Section 17
• Annual Leave Authorisation
• Jurisdictional Facts
• Review Of Administrative Action
• Condonation
• Remittal For De Novo Hearing

National Union of Public Service and Allied Workers Union obo Mmotsa v MEC for Finance Economy Enterprise Development: North West Province (JR2700/2017)

National Union of Public Service and Allied Workers Union obo Mmotsa v MEC for Finance Economy Enterprise Development: North West Province (JR2700/2017) [2021] ZALCJHB 174 (22 July 2021)

Court

Labour Court Johannesburg

Case number

JR2700/2017

Judge

Tlhotlhalemaje

The Labour Court dismissed a review of a deemed dismissal under the Public Service Act, finding the delay excessive and the reinstatement refusal lawful.

• Public Service Act Section 17
• Condonation For Late Filing
• Review Of Administrative Action
• Deemed Dismissal
• Jurisdiction Of Bargaining Council
• Deemed-dismissal

Gomba v Member of the Executive Council: Gauteng Department of Human Settlement (J1360/19)

Gomba v Member of the Executive Council: Gauteng Department of Human Settlement (J1360/19) [2019] ZALCJHB 149; (2019) 40 ILJ 2355 (LC) (19 June 2019)

Court

Labour Court Johannesburg

Case number

J1360/19

Judge

Tlhotlhalemaje

The Labour Court dismissed an urgent bid to challenge an abscondment dismissal, finding the application self-created in urgency and inadequate for final relief.

• Public Service Act Section 17
• Urgent Application Requirements
• Unfair Dismissal
• Alternative Remedies
• Financial Hardship
• Urgent-applications

Nyamane v MEC: Free State Department of Health (J34/2017)

Nyamane v MEC: Free State Department of Health (J34/2017) [2018] ZALCJHB 455; [2019] 12 BLLR 1371 (LC) (31 August 2018)

Court

Labour Court Johannesburg

Case number

J34/2017

Judge

GN Moshoana

The respondent's decision not to approve the applicant's reinstatement under section 17(3)(b) of the Public Service Act is reviewable on the principle of legality. The respondent failed to provide reasons or evidence that continued employment would be intolerable, as required by law and established precedent. The investigation report did not contain the respondent's own reasons, and no confirmatory affidavit was filed. The refusal to approve reinstatement was not rationally related to the statutory purpose, as the respondent did not properly consider all relevant circumstances or the good cau…

Source excerpt

• Public Service Act Section 17
• Good Cause Requirement
• Legality Review
• Rationality Principle
• Failure To Approve Reinstatement

Public Servants Association of South Africa obo Mohlala v Minister of Home Affairs and Others (J1851/2016)

Public Servants Association of South Africa obo Mohlala v Minister of Home Affairs and Others (J1851/2016) [2018] ZALCJHB 382; [2018] 12 BLLR 1203 (LC); (2019) 40 ILJ 415 (LC) (22 August 2018)

Court

Labour Court Johannesburg

Case number

J1851/2016

Judge

Connie Prinsloo

The court held that the administrator of the bargaining council lacked authority to close the file and determine jurisdiction, as such decisions must be made by a duly appointed commissioner through the prescribed dispute resolution process. The administrator's decision to close the file had no legal effect, and the applicant's unfair dismissal dispute remained valid and extant. The court further found that the delay in bringing the application, while significant, did not preclude relief, as the applicant had pursued remedies by making representations to the Minister, which remained unanswere…

Source excerpt

• Unfair Dismissal
• Jurisdiction Of Bargaining Council
• Public Service Act Section 17
• Delay In Application
• Administrative Action
• Arbitration Procedure

Mogoera and Others v MEC for the Department of Economic Development Tourism and Environmental Development (D100/16)

Mogoera and Others v MEC for the Department of Economic Development Tourism and Environmental Development (D100/16) [2018] ZALCD 2 (9 February 2018)

Court

Labour Court Durban

Case number

D100/16

Judge

Gush

The Labour Court held that the applicants had to report for duty before reinstatement could be considered under section 17 of the Public Service Act; their application failed.

• Public Service Act Section 17
• Deemed Dismissal
• Reinstatement Conditions
• Condonation
• Unfair Dismissal
• Deemed-dismissal

Senne v Minister of Health and Another (JR 2275/11)

Senne v Minister of Health and Another (JR 2275/11) [2016] ZALCJHB 207 (14 June 2016)

Court

Labour Court Johannesburg

Case number

JR 2275/11

Judge

Mahomed

The Labour Court dismissed a review of a deemed dismissal under section 17(3) of the Public Service Act, finding the applicant was absent without authority.

• Deemed Dismissal
• Public Service Act Section 17
• Absence Without Authority
• Review Of Administrative Decision
• Unfair Labour Practice
• Deemed-dismissal